THE 


REVISED  ORDINANCES 


OF  THE 


CITY  OF  SPRINGFIELD, 

APPROVED  DECEMBER  21,  1904, 


THE    CITY    CHARTER,    AMENDMENTS,    SPECIAL    STATUTES,    RULES    AND 

ORDERS     FOR     THE     REGULATION     OF     HACKNEY     CARRIAGES, 

STREET  MUSICIANS,  AND  PUFLIC  AMUSEMENTS,  RULES 

AND  ORDERS  OF  THE  BOARD  OF  ALDERMEN  AND  OF 

THE  COMMON  COUNCIL,  AND  THE  JOINT  RULES 

-AND  ORDERS  OF  THE  CITY  COUNCIL. 


PUBLISHED  BY  ORDER  OF  THE  CITY  COUNCIL. 


SPBINGFIELD,  MASS.: 
SPRINGFIELD  PRINTING  AND  BINDING  CO.,  CITY  PRINTERS. 

1905. 


^ 


oonte:nts. 


Preface       .......... 

Table  showing  Disposition  of  Revised  Ordinances  of  1890 
Table  showing  Disposition  of  Ordinances  passed  1890-1904 
Charter       .......... 

Amendments  to  Charter      ....... 

Special  Statutes  ........ 


ised  Ordinances 

Chapter 

1. 

Chapter 

2. 

Chapter 

3. 

Chapter 

4. 

Chapter 

5. 

Chapter 

6. 

Chapter 

7. 

Chapter 

8. 

Chapter 

9. 

Chapter 

10. 

Chapter 

11. 

Chapter 

12. 

Chapter 

13. 

Chapter 

14. 

Chapter 

15. 

Chapter 

16. 

Chapter 

17. 

Chapter 

18. 

Chapter 

19. 

Chapter 

20. 

Chapter 

21. 

Chapter 

22. 

Chapter 

23. 

Chapter 

24. 

Chapter 

25. 

Chapter 

26. 

Chapter  27. 

Chapter 

28. 

Chapter 

29. 

Chapter 

30. 

Elec 


The  City  Seal 

Wards  ....... 

Payment  of  Claims  against  the  City 

Collection  of  Claims  Due  the  City 

Salaries         ....... 

Contracts  with  the  City  and  the  Hiring  of  Labor 
The  Collection  of  Taxes         .... 

Establishing  Sinking  Funds  and  Providing  for  the 

tion  of  Sinking  Fund  Commissioners 
The  Method  of  Electing  Certain  Officers 
Duties  of  Certain  Officers       .... 

Committees  ...... 

City  Auditor  ...... 

Assessors  and  Assistant  Assessors 

City  Messenger     ...... 

Assistant  City  Clerk      ..... 

Engineering  Department        .... 

City  Physician      ...... 

City  Forester        ...... 

Superintendent  of  Streets      .... 

Schools  ....... 

Truant  Children  and  Absentees  from  School 
Board  on  Claims  ..... 

Board  of  Public  Works  .... 

Board  of  Supervisors  of  Highways  and  Bridges 
Board  of  Health     ..... 

Relative  to   the  removal   of  night  soil,  the  contents  of 

privy  vaults  and   cesspools,  house  offal,  coal   ashes, 

refuse  substances,  and  dead  animals 
The  Keeping  of  Swine  ...... 

Plumbing     ........ 

Fire  Department  ...... 

Fire  District  %nd  Construction  of  Buildings  therein 


Page 

5 

7 

9 

13 

33 

41 

81 
82 
86 
88 
90 
97 
99 

100 
101 

loa 

106 
108 

no 

112 
114 
115. 

11» 

121 
122 
124 
129 
130 
131 
134 
135 


138 
140 
141 
143 
154 


897813 


CONTENTS. 


Dilapidated  or  Dangerous  Buildings      .... 

Water  Department        ....... 

Police  Commission  and  Duties  of  the  Police  Department 
Providing  the  manner  of  laying  out,  altering  and  discon- 
tinuing streets ;  of  laying  out  and  establishing  side- 
walks ;  of  laying  sewers  and   drains,  and  for  other 
purposes  .... 

Establishment  of  Building  Lines 
Sewers  .... 

For  the  Prevention  of  Injurious  Practices  in  the  Streets 
Protection  against  Snow  Slides      .... 

Transportation  of  Explosives         .... 

Dogs     ......... 

Pawnbrokers  ....... 

Dealers  in  Junk  and  Second-hand  Articles 
In  Relation  to  Licensing  Rag   Pickers  and  Junk  Col 
lectors        ........ 

Providing  for  the  Licensing  of  Bootblacks 
Dealers  in  Coal  and  Coke       ..... 

Relating  to  Telephone  Lines,  Conduits  and  Distributing 

Poles 
In  Relation  to  the  Execution  of  Deeds,  Leases  and  other 

Instruments 
Warrants  for  City  Meetings 

Directing  the  Manner  of  Passing  and  Publishing  City 
Ordinances        ..... 

Repeal  .         .      •   . 

Rules  and  Orders  for  the  Regulation  of  Hackney  Carriages,  etc 
Joint  Rules  and  Orders  of  the  City  Council 
Rules  and  Orders  of  the  Board  of  Aldermen 
Rules  and  Orders  of  the  Common  Council   . 
Appendix  ...... 

Index    


Chaptbr  31. 
Chaptkr  32. 
Chapter  83. 
Chapter  34. 


Chapter  35. 
'  Chaptkr  36. 
Chaptkr  37. 
Chaptkr  38. 
Chaptkr  39. 
Chaptkr  40. 
Chaptkr  41. 
Chaptkr  42. 
Chapter  43. 

Chapter  44. 
Chaptkr  45. 
Chapter  46. 

Chapter  47. 

Chapter  48. 
Chapter  40. 

Chapter  50. 


164 
168 
172 


180 
188 
189 
194 
206 
208 
209 
210 
211 

213 
215 

217 

219 

222 
223 

224 
225 
227 
286 
240 
242 
251 
277 


PREFACE. 


An  order  was  passed  by  both  branches  of  the  city  council,  and 
was  approved  by  the  Mayor,  March  29,  1904,  providing  that  a  com- 
mittee, consisting  of  two  Aldermen  and  three  members  of  the 
Common  Council,  be  appointed  to  complete  the  codification  of  the 
City  Ordinances,  under  the  supervision  of  the  City  Solicitor,  Henry 
A.  King,  Esq. 

In  pursuance  of  this  order  the  following  committee  was  ap- 
pointed :— 

Alderman         Sanderson, 

Ladd, 
Councilman      Allen, 
Buck, 
"  Houlihan. 

The  work  of  revision  was  done  by  William  G.  McKechnie,  Esq., 
who  was  assisted  therein  by  Harlan  P.  Small,  Esq. 

The  committee  reported  '*An  Ordinance  Consolidating  and  Re- 
vising the  Ordinances  of  the  City  of  Springfield."  This  ordinance 
passed  both  branches  of  the  city  council  and  was  approved  by  the 
Mayor,  December  31,  1904. 


ABBREVIATIONS. 

R.\0.  means  Revised  Ordinances  of  1904,  as  hereinafter  printed  ;  Sup.  means  super- 
seded by  ;  Aft.  means  affected  by ;  '00,  ch.  1,  etc.,  means  chapter  1  of  the  ordinances  passed 
in  the  year  1900,  etc. 


TABLE    SHOWII^G   THE   DISPOSITION    MADE 
OF  THE   REVISED  ORDINANCES  OF  1890. 


Chapter  1. 

Chapter  2. 

Chapter  3. 

Chapter  4. 

Chapter  5. 


Chapter  6. 

Chapter  7. 

Chapter  8. 

Chapter  9. 


Chapter  10. 

Chapth:r  11. 
Chapter  12. 

Chapter  13. 
Chapter  14. 

Chapter  15. 
Chapter  16. 

Chapter  17. 

Chapter  18. 

Chapter  19. 
Chapter  20. 
Chapter  21. 
Chapter  22. 
Chapter  23. 
Chapter  24. 
Chapter  25. 
Chapter  26. 
Chapter  27. 


R.  O.,  ch.  1. 

Sup.  '95,  ch.  5. 

Repealed  '94,  ch.  9,  sec.  8. 

R.  O.,  ch.  4. 

R.  O.,  ch.  5,  except  — . 

Sec.  1,  amended  '91,  ch.  1,  2,  5,  6;    '92,  ch.  7. 

Sec.  1,  superseded  in  part  '92,  ch.  6,  8,  9;  '96,  ch,  1;  '97,  ch.  3;  '98, 

ch.  5;  '00,  ch.  10,  14;  '01,  ch.  2,  7,  12;  '02,  ch.  2;  '03,  ch.  9. 
Sec.  3,  amended  '94,  ch.  4. 
Sec.  4,  sup.  '01,  ch.  1. 
Sec.  5,  amended  '91,  ch.  7. 

Affected  '91,  ch.  4;  '92,  ch.  5;  '93,  ch.  7;  '94,  ch.  5,  sec.  3;  '94, 
ch.  12;  '94,  ch.  13,  sec.  13. 
R.  0.,  ch.  6. 
R.  O.,  ch.  7. 
R.  0.,  ch.  9. 
R.  O.,  ch.  10,  except — 
Sees.  2,  3,  R.  O.,  ch.  13,  sees.  6,  7. 
Sec.  5,  amended  '99,  ch.  2. 
R.  O.,  ch.  11,  except — 
Sec.  6,  obsolete,  dropped. 
R.  O.,  ch.  12. 
R.  0.,  ch.  13,  except — 

Sec.  1,  amended  '93,  ch.  1;  repealed  '98,  ch.  4. 
R.  O.,  ch.  14. 
R.  O.,  ch.  15,  except — 
Sec.  2,  amended  '97,  ch.  8. 
R.  0.,  ch.  16. 
R.  O.,  ch.  17,  except — 
Sec.  2,  amended  '00,  ch.  7. 
R.  O.,  ch.  18,  except — 
Sec.  2,     repealed  '98,  ch.  1. 
R.  O.,  ch.  19,  except — 
Sec.  2,  amended  '01,  ch.  8;   '04,  ch.  4. 
R.  0.,  ch.  20. 
R.  O.,  ch.  21. 
R.  O.,  ch.  22. 
R.  O.,  ch.  23. 
R.  0.,  ch.  24. 
Repealed  '00,  ch.  8,  sec.  7. 
Repealed  '93,  ch.   3,  sec,  7. 
R.  O.,  ch.  27. 
Dropped,  statute  repealed. 


y; 


^?  !>?:./ 


DISPOSITION  MADE  OF  REVISED  ORDINANCES  OF  1890.. 


Chapter  28, 
Chapteb  29. 

Crapteb  30. 
Chapter  31. 
Chapter  32. 
Chapter  33. 


Chapter  34. 
Chapter  35. 
Chapter  36. 
Chapter  37. 


Chapter  38. 
Chapter  39. 
Chapters  40, 
Chapter  43. 
Chapter  44. 


Chapter  45. 
Chapter  46. 

Chapter  47. 
Chapter  48. 
Chapter  49. 
Chapter  50. 


Chapter  51. 
Chapter  52. 


Sup.  '93.  ch.  6. 

Amended  '92,  cli.  4 ;  *93,  chs.  2  and  5. 

Sup.  '94,  ch.  13. 

Repealed  '95,  ch.  7,  sec.  20. 

R.  O.,  ch.  31. 

R.  O.,  ch.  32. 

Sec.  1,  amended  '92,  ch.  1;  '97,  ch.  2;  '01,  ch.  3. 

Sec.  3,  amendwl  '92,  ch.  2;  repealed  '92,  ch.  2. 

Sec.  5,  amended  '95,  ch.  1. 

Sec.  7,  amended  '95,  ch.  4. 

Sup.  '02,  ch.  4. 

R.  O.,  ch.  34. 

Dropped,  statute  repealed. 

R.  O.,  ch.  36. 

R.  O.,  ch.  37,  except — 

Sec,  3,  amended  '01,  ch.  9. 

Sec.  4,  amended  '95,  ch.  3. 

Sec.  23,  amended  '99,  ch.  4. 

Sec.  15,  amended  '96,  ch.  5. 

Sec.  38,  amended  '90,  ch.  2. 

Obsolete,  dropped. 

R.  0.,  ch.  38. 

41,  42,  dropped;  see  Acts  '04,  ch.  370  (see  R.  O.,  ch.  39). 

Repealed  '98,  cli.  2,  sec.  5. 

Dropped,  except — 

Sec.  1,  R.  O.,  ch.  41,  sec.  1. 

Sec.  3  (in  part),  R.  0.,  ch.  41,  sec.  2. 

(See  Acts  of  '95,  ch.  497;  also  Rev.  Laws,  ch.  102,  sees.  33,  39.) 

Repealed  '97,  ch.   1,  sec.   12.- 

R.  O.,  ch.  43,  except— 

Sees.  5  and  7,  amended  '01,  ch.  4. 

R.  O.,  ch.  44. 

Obsolete,  dropped. 

R.  O.,  ch.  47. 

R.  0.,  ch.  48,  except — 

Sec.  1  and  sec.  2  (in  part)  dropped. 

Sec.  3,  dropped. 

R.  O.,  ch.  49. 

R.  O.,  ch.  52. 


TABLE    SHOWING   THE    DISPOSITION    MADE 

OF  ORDINANCES  PASSED   SINCE  THE 

REVISION  OF   1890. 


1890. 

Chapter 

1. 

R.  0.,  ch.  46. 

Chapter 

2. 

R.  0.,  ch.  37,  sec.  39. 

1891. 

Chapter 
Chapter 
Chapter 

1. 
2. 
3. 

Sup.  '01,  ch.  2. 
Sup.  '92,  ch.  8. 
R.  0.,  ch.  8. 

Chapter 
Chapter 
Chapter 
Chapter 

4. 
5. 
6. 

7. 

Sup.  '94,  ch.  12. 
Sup.  '00,  ch.  10. 
Sup.  '01,  ch.  12. 
Aff.  '94,  ch.  5,  sec.  3;  sup.  '94,  ch.  12. 

1892. 

Chapter 

1. 

Amended  '97,  ch.  2,  sec.  1,  and  '01,  ch.  3;   sup.  '02,  ch.  4, 

Chapter 
Chapter 
Chapter 

2. 
3. 

4. 

Repealed  '97,  ch.  2. 

Sup.  '97,  ch.  3. 

Aft".  '93,  ch.  5  and  '94  ch.  2;   sup.  '94,  ch.  13,  sec.  13. 

1893. 

Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 

5. 
6. 
7. 
8. 
9. 
1. 
2. 

Sup.   '94,  ch.   12." 

Sup.  '96,  ch.  2. 

Sup.  '98,  ch.  5. 

Sup.  '00,  ch.  11. 

Sup.  '00,  ch.  15. 

Repealed  '98,  ch.  4. 

Aff.  '93,  ch.  5  and  '94,  ch.  2;  sup.  "94,  ch.  13,  see.  13. 

Chapter 

3. 

R.  0.,  ch.  26. 

Chapter 
Chapter 

4. 
5. 

Repealed  by  Rev.  Laws,  ch.  52,  sec.  9. 
Sec.  1,  amended  '94,  ch.  1, 
Sees.  1-6,  sup.  '98,  ch.  6. 

Chapter 

6. 

Sees.  7-22  repealed  '94,  ch.  11. 
Sec.  6,  amended  '95,  ch.  9. 
Sec.  10,  amended  '94,  ch.  10. 
Sec.  12,  amended  '94,  ch.  10. 

Chapter 

7. 

Sup.  '00,  ch.  13. 
Sup.   '94,  ch.   12. 

1894. 

Chapter 
Chapter 
Chapter 

1. 
2. 
3. 

Sup.  '98,  ch.  6,  sec.  1. 
Sup.  '94,  ch.  13,  sec.  13. 
R.  0.,  ch.  5,  sec.  1. 

Chapter 

4. 

R.  0.,  ch.  5,  sec.  3. 

Chapter 

5. 

Aff.  '94,  ch.  12,  sec.   1. 

Chapter 
Chapter 

6. 

7. 

Sup.  '94,  ch.   13. 

R,  0.,  ch.  37,  sees.  46  and  47. 

Acted  on. 

Chapter 

8. 

Sup.  '98,  ch.  6,  sec.  7. 

Chapter 
Chapter 
Chapter 

9. 
10. 
11. 

R.  0.,  ch.  3    (except  sec.  7  dropped). 
Sup.  '00,  ch.  13. 
Acted  on. 

Chapter 

12. 

Sup.  '94,  ch.   11. 

10 


DISPOSITION  MADE  OF  ORDINANCES  PASSED  SINCE  1890. 


Chapteb  13. 


Chapteb 

14. 

1805. 

Chapter 

1. 

Chai-ieb 

2. 

Chapteb 

3. 

Chapteb 

4. 

Chapteb 

5. 

Chapteb 

G. 

Chapteb 

7. 

Chapteb 

8, 

Chapteb 

9. 

Chapteb 

10. 

Chapteb 

11. 

Chapter 

12. 

Chapteb 

13. 

1896. 

Chapteb 

1. 

Chapteb 

2. 

Chapteb 

3. 

Chapteb 

4. 

Chapteb 

5. 

Chapteb 

6. 

1897. 

Chapteb 

1. 

Chapteb 

2. 

Chapteb 

3. 

Chapteb 

4. 

Chapteb 

5. 

Chapteb 

6. 

Chapteb 

7. 

Chapteb 

8. 

1898. 

Chapteb 

1. 

Chapteb 

2. 

Chapteb 

3. 

Chapter 

4. 

Chapter 

5. 

Chapteb 

6, 

1899.  Chapteb  1. 
Chapter  2. 
Chapter    3. 


Sec.  1,  amended  '95,  ch.  10;  repealed  '97,  ch.  7. 
Sees.  2-8,  sup.  '98,  ch.  6,  sees.  11-17. 
Sec.  9,  sup.  '98,  ch.  0,  sees.  15  and  18. 
Sees.  10-13,  Bup.  '98,  ch,  0,  sees.  19-22. 
R.  O.,  ch.  6   (except  sec.  3  repealed  '95,  ch.  13,  sec.  1). 
Sup.  '02,  ch.  4. 
Sup.  '98,  ch.  6,  sees.  8  and  9. 
R.  O.  37,  ch.  4. 
Sup.  '02,  ch.  4. 

R.  C,  ch.  2,  sec.  1    (except  sec.  2,  acted  on). 
Sec.  1,  acted  on;   see  '98,  ch.  6,  sec.  22,  and  '02,  ch.  1. 
Sec.  2,  sup.  '97,  ch.  G. 
R.  O.,  chap.  30. 
R.  O.,  ch.  37,  sec.  G. 
Sup.  '00,  ch.  13. 

Repeal  and  substitute  97,  ch.  7. 
Amended   '97,  ch.  4. 
R.  O.,  ch.  2,  sec.  2. 
R.  O.,  ch.  6,  sec.  3. 
R.  0.,  ch.  5,  sec.  1. 
Sup.  '03,  ch.  2. 
R.  0.,  ch.  33,  sec.  19. 
Sup.  '99,  ch.  3,  sec.  9. 
R.  0.,  ch.  37,  sec.  16.    . 
R.  O.,  ch.  35,  in  substance. 
R.  0.,  ch.  42. 
Sec.  3,  amended  '00,  ch.  2. 
Sup.  '02,  ch.  4. 

Amended  '00,  ch.  3,  sup.  "02,  ch.  2. 
Sup.  '99,  ch.  3. 
R.  O.,  ch.  5,  sec.  6. 
Sup.  '99,  ch.  3. 
Sec.  1  sup.  '98,  ch.  6,  sec.  10. 
Sec.  2  sup.  '98,  ch.  6,  sees.  22  and  26. 
R.  O.,  ch.  15,  sec.  2. 
Amended  '00,  ch.  4. 

R.  O.,  ch.  18,  sec.  2,  and  R.  0.,  ch.  5. 
R.  O.,  ch.  40,  sec  1-3.      (Sec.  4  dropped.) 
Aff.  by  '02,  ch.  4,  and  '04,  ch.  1. 
See  R.  0.,  ch.  13,  sec.  1. 
R.  O.,  ch.  5,  sec.   1. 
R.  O.,  ch.  29,  except — 
Sec.  1,  repealed  '99,  ch.  1. 
Sec.  10,  repealed  '02,  ch.  1,  sec.  6. 
Sees.  22,  24  and  25,  aff.  "00,  ch.  12,  '02,  ch.  1. 
Sees.  15,  22  dropped  in  part. 

Sees.  14,  18,  19,  20,  21,  25,  26,  27,  28,  31,  36  dropped. 
R.  O.,  ch.  29,  sec.   1. 
R.  O.,  ch.  10,  sec.  3. 
R.  O.,  ch.  5,  sees.  6  and  7,  except — 
Sec.  1,  sup.  '02,  ch.  3. 
Sec.  6,  amended  '00,  ch.  1. 
Sec.  9,  amended  '01,  ch.  11. 
Affected  '02,  ch.  8. 


DISPOSITION  MADE  OF  ORDINANCES  PASSED  SINCE   1890.  H 

Chapter    4.  R.  O.,  ch.  37,  sec.  24. 

Chapter     5.  Sup.  '02,  ch.  6. 

1900.  Chapter     1,  R.  O.,  ch.  5,  sec.  6. 
Chapter    2.  Sup.  '02,  ch.  4. 
Chapter     3.  Sup.  '02,  eh.  2. 
Chapter    4.  R,  O.,  ch.  5,  sec.  1. 
Chapter    5.  R.  0.,  ch.  10,  sec.  8. 
Chapter     6.  R.  O.,  ch.  18,  sec.  3. 
Chapter     7.  R.  O.,  ch.  17,  sees.  2  and  3. 
Chapter     8.  R.  O.,  ch.  25. 

Chapter     9.  R.  O.,  ch.  5,  ^c.  1.  * 

Chapter  10.  R.  O.,  ch.  5,  sec.  1. 

Chapter  11.  R.  O.,  ch.  5,  sec.  1. 

Chapter  12.  Sup.  '02,  ch.  1. 

Chapter  13.  Sup.  '02,  ch.  7. 

Chapter  14.  R.  O.,  ch.  5,  sec.  1. 

Chapter  1.5.  R.  O.,  ch.  5,  sec.  1. 

1901.  Chapter     1.  R.  O.,  ch.  5,  sec.  4. 
Chapter     2.  Sup.  '03,  ch.  7. 
Chapter     3.  Sup.  '02,  ch.  4. 
Chapter     4.  R.  0.,  ch.  43,  sees.  5,  7. 

Chapter     5.  Made  obsolete  by  Act  '03,  ch.  473,  sec.  14. 

Chapter     6.  R.  O.,  ch.  37,  sees.  48,  49. 

Chapter     7.  Sup.  '04,  ch.  2. 

Chapter     8.  Aff.  '04,  ch.  4. 

R.  O.,  ch.  19,  sec.  2. 

Chapter    9.  R.  O.,  ch.  37,  sec.  3. 

Chapter  10.  R.  O.,  ch.  34,  sec.  13. 

Chapter  11.  R.  O.,  ch.  5,  sec.  7. 

Chapter  12.  Sup.  '04,  ch.  3. 

Chapter  13.  Sec.    1,  R.  O.,  ch.   34,   sec.  9. 

Sec.  2,  as  amended  by  '02,  ch.  5,  R.  O.,  ch.  34,  sec.  10. 

Sec.  3,  R.  O.,  ch.  34,  sec.  11. 

See.  4,  R.  O.,  ch.  36,  sees.  11,  12. 

Sec.  5,  R.  O.,  ch.  34,  sec.  12. 

1902.  Chapter     1.  R.  O.,  ch.  29,  sees.  8,  9,  16,  18  except — 

Sec.  5  dropped. 

Chapter     2.  R.  O.,  ch.  5,  sec.  5. 

Chapter     3.  R.  O.,  ch.  5,  sec.  6. 

Chapter     4.  R.  O.,  ch.  33. 

Chapter     5.  R.  O.,  ch.  34,  sees.  10,  21. 

Chapter     6.  R.  O.,  ch.  29,  sees.  28-36. 

Chapter     7.  R.  O.,  ch.  28. 

Chapter     8.  R.  O.,  ch.  5,  sec.  6. 

1903.  Chapter     1.  R.  O.,  ch.  43,  sec.  8. 
Chapter     2.  Sup.  '04,  ch.  5. 
Chapter     3.  R.  O.,  ch.  33,  sec.  20. 
Chapter     4.  R.  O.,  ch.  36,  sees.  11,  12. 
Chapter    5.  R.  O.,  ch.  5,  sec.  5. 
Chapter    6.  R.  O.,  ch.  45. 

Chapter    7.  R.  O.,  ch.  5,  sec.  1. 

Chapter     8.  R.  O.,  ch.  20,  sec.  6. 

Chapter     9.  R.  O.,  ch.  5,  see.  1. 


12  DISPOSITION  MADE  OF  ORDINANXES  PASSED  SINCE   1890. 

1904.     Chapteb  1.  R.  O.,  ch.  33,  sec.  10. 

Chapter  2.  R.  O.,  ch.  5,  sec.  1,  and  R.  0.,  ch.  25,  sec.  7. 

Chapter  3.  R.  0.,  ch.  5,  sec.  1. 

Chapter  4.  R.  O.,  ch.  5,  sec.  1. 

Chapter  5.  R.  O.,  ch.  5,  sec.  1. 


CHAETER 


ACTS  OF  1852.     CHAPTER  94. 

AN  ACT  TO  ESTABLISH  THE  CITY  OF  SPRINGFIELD. 


Section. 

1.  Inhabitants  of  Springfield  in- 

corporated. 

2.  Administration  of  government 

vested  in  mayor,  aldermen, 
and  common  council. 

3.  A  board  to  be  chosen  to  divide 

the  city  into  wards,  and 
apportion  councilmen.  Re- 
vision of  same  to  be  made 
every  five  yeare. 

4.  Ward  ofticers,  when  and  how 

chosen.     Powers  and  duties. 

5.  City  officers,   when  and  how 

chosen. 

6.  Time  and  manner  of  conduct- 

ing city  elections, — in  case 
of  vacancy — organization. 

7.  Mayor.     Powers  and    duties, 

salary. 

8.  Powers  of  selectmen  vested  in 

mayor  and  aldermen.  City 
council  to  elect  certain  offi- 
cers.    Powers  and  duties. 

9.  Mayor  to    nominate,    certain 

persons  ineligible. 

10.  City  clerk.     Duties,   election, 

etc. 

11.  Overseers    of    the    poor, — as- 

sessors,— school  committee, 
'     school  districts. 

12.  Jurors.    List  to  be  made  and 

revised. 

13.  City  council  to  be  a  board  of 

health. 

14.  Powers  of  city  council  relating 

to  highways. 

15.  Powers  of  city  council  relating 

to  sidewalks,  sewers,  and 
drains,  inspection  of  lum- 
ber, wood,  coal,  etc. 


Section. 

16.     Fines,  forfeitures,  and  penal- 
ties, how  recovered. 

City  council  shall  determine 
the  number  of  representa- 
tives to  General  Court. 

Manner  of  conducting  general 
elections. 

Lists  of  voters  to  be  made  out. 

General  meeting  of  citizens  to 
be  called. 

Fire  department  established. 
Fire  districts  may  be  dis- 
.'iolved. 

Police  court  established,  pow- 
ers, duties,  jurisdiction,  ap- 
peals, etc. 

Warrants,  how  returnable. 

Fines,  forfeitures,  and  fees, 
by  whom  received  and  ac- 
counted for. 

Time  and  place  of  holding,  and 
rules  of  police  court. 

Salary  of  police  justice. 

Records,  returns,  and  accounts 
provided  for. 

Pending  actions 

Special  justices,  powers,  duties, 
pay,  etc. 

Governor  may  appoint. 

Duties  of  selectmen  in  organ- 
izing the  city  government, 
and  proceedings  thereafter. 

Annual  town  meeting  sus- 
pended, proviso. 

Records  and  town  papers  to 
be  delivered  to  city  clerk. 

Acts  repealed. 

Legislature  may  amend. 

Acts  shall  be  void,  unless 
adopted  within  twenty  days. 

Act  takes  immediate  effect. 


17. 


18. 

19. 
20. 

21. 


22 


25. 

26. 

27. 

28. 
29. 

30. 
31. 


37 


Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the 
authority  of  the  same,  as  follows  : 

Section  1.     The  inhabitants  of  the  town  of  Spring-  inhabitants  of 
field  shall  continue  to  be  a  body  politic  and  corporate,  f  body  corp^te* 


under  the  name  of  the  City  of  Springfield,  and,  as  such, 
shall  have,  exercise,  and  enjoy  all  the  rights,  immu- 
nities, powers,  and  privileges,  and  be  subject  to  all  the 
duties  and  obligations  now  incumbent  upon,  and  apper- 
taining to,  said  town  as  a  municipal  corporation. 


Springtie! 


y  01 
Id. 


14 


CHARTER. 


Government 
veMted  In  a 
mayor,  eight 
aldermen,  and 
eighteen  common 
councilmen. 


Qaoram. 


No  com]>en8a- 
tion. 


Powers  ve«te<l  in 
the  municipal 
corporation. 


Five  men  to  be 
•rhosen  liy  l>allot 
at  the  meeting 
for  accepting 
charter,  who 
shall  divide  the 
town  into  eight 
wards. 


Shall  apportion 
the  members  of 
common  council. 


City  council  shall 
revise  the  wards 
once  in  five  years. 


Sect.  2.  The  administration  of  the  fiscal,  prudential, 
and  municipal  affairs  of  said  city,  and  the  government 
thereof,  shall  be  vested  in  one  principal  officer,  to  be 
styled  the  mayor  ;  one  council  of  eight,  to  be  called  the 
board  of  aldermen  ;  and  one  council  of  eighteen,  to  be 
called  the  common  council,  which  boards,  in  their  joint 
capacity,  shall  be  denominated  the  city  council,  and  the 
members  thereof  shall  be  sworn  to  the  faithful  perform- 
ance of  the  duties  of  their  respective  offices.  A  majority 
of  each  board  shall  constitute  a  quorum  for  the  trans- 
action of  business,  and  no  member  of  either  board  shall 
receive  any  compensation  for  his  services.  All  the 
powers  now  vested  by  law  in  the  town  of  Springfield,  or 
in  the  inhabitants  thereof,  as  a  municipal  corporation, 
shall  be  vested  in  the  city  council,  and  shall  be  exercised 
by  concurrent  vote,  each  board  having  a  negative  on 
the  other. 

Sect.  3.  A  board  of  five  men  shall  be  chosen  by 
ballot  by  the  inhabitants  of  the  town  of  Springfield,  at 
the  town  meeting  to  be  held  for  the  purpose  of  voting 
upon  the  acceptance  of  this  act,  according  to  the 
provisions  of  the  thirty-sixth  section  of  this  act,  an  arti- 
cle being  inserted  in  the  warrant  for  said  meeting  for 
that  purpose,  and  said  board  of  five  men  thus  chosen,  as 
soon  as  may  be  after  they  are  thus  chosen,  and  after 
the  acceptance  of  this  act  by  the  inhabitants,  as  herein- 
after provided,  shall  divide  said  town  into  eight  wards, 
in  a  convenient  manner,  so  as  best  to  accommodate  the 
inhabitants  of  the  several  wards,  to  meet  within  the 
same  for  municipal  purposes.  And  they  shall  then 
apportion  the  members  of  the  common  council  among 
tlie  several  wards,  by  first  assigning  to  each  ward  one 
member,  and  dividing  the  residue,  as  near  as  may  be 
convenient  and  equitable,  according  to  the  population 
of  the  several  wards.  The  city  council  first  chosen 
after  this  act  shall  take  effect,  and  thereafter,  once  in 
five  years,  and  not  oftener,  shall  revise,  and  if  it  be 
needful,  alter  said  wards  in  such  manner  as  may  be 
most  convenient  to  the  inhabitants,  and  shall  re-appgr- 
tion  the  members  of  the  common  council  among  the 
several  wards,  according  to  the  principles  herein  pre- 
scribed for  the  original  division  and  apportionment  by 
the  said  board  of  five  men.* 


•  Revision  to  be  made  in  1805  before  May  1  of  that  year,  and  every 
ten  years  thereafter,  Acta  of  1888,  ch.  4.37,  R.  L.,  ch.  11. 


CHARTER.  15 

Sect.  4.*    On  the  first  Monday  of  December,  annu-  Election  of 
ally,  there  shall  be  chosen  by  ballot,  in  each  of  said  rnd'ins^ctors  on 
wards,  a  warden,  clerk,  and  three  inspectors  of  elections,   DecembSr*^  *° 
residents  of  the  wards  in  which  they  are  chosen,  who 
shall  hold  their  offices  for  one  year,  and  until  others 
have  been  chosen  in  their  places,  and  qualified  to  act. 
The  warden  shall  preside  at   all   meetings,  with  the  warden  to  pre- 

»  1.  -,  ,.  K      J     'n    J.-L.        side,  or  the  clerk 

powers  of  moderator  of  town  meetmgs.     And  it   the  in  his  absence, 
warden  shall  not  be  present,  the  clerk  shall  preside  until  "°"  '  ^^^' 
a  wardenp7'o  tempore  shall  be  chosen  by  ballot.     If,  at  cierk pro  tem. 
any  meeting,  the  clerk  shall  not  be  present,  a  clerk  pro  ™ay*>e  chosen. 
tempore  shall  be  chosen  by  ballot.    The  clerk  shall  re-  Duties. 
cord  all  proceedings,  and  certify  the  votes  given,  and  de- 
liver over  to  his  successor  all  such  records  and  journals, 
together  with  all  other  documents  and  papers,  held  by 
him  in  said  capacity.     The  inspectors  of  elections  shall  ore!^*^^ "   mspect- 
assist  the  warden  in  receiving,  assorting,  and  counting 
the  votes.     And  the  warden,  clerk,  and  inspectors  shall 
respectively  make  oath  faithfully  and  impartially  to  officers^'how*^ 
discharge  their  several  duties  relative  to  all  elections,  administered, 
which  oath  may  be  administered  by  the  clerk  to  the 
warden,  and  by  the  warden  to  the  clerk  and  inspectors, 
or  by  any  justice  of  the  peace  for  the  county  of  Hamp- 
den.    A  certificate  that  said  oaths  have  been  taken  shall 
be  entered  upon  the  records  of  the  ward,  by  the  clerk. 
All  warrants  for  the  meetings  of  the  citizens  for  munici- 
pal purposes,  to  be  held  either  in  wards  or  in  general  meetings,  how 
meetings,  shall  be  issued  by  the  mayor  and  aldermen,  etc"    '  ^^"^^^  ' 
and  shall  be  in  such  form,  arid  be  served,  executed,  and 
returned  in  such  manner,  and  at  such  times,  as  the  city 
council  may  by  any  by-law  direct. 

Sect.  5.  The  mayor  and  aldermen  (not  more  than  city  officers,  how 
two  aldermen  being  residents  of  any  one  ward),  the  city  resident, 
clerk,  city  treasurer,  and  a  school  committee  of  eight 
persons  (one  of  whom  shall  be  taken  from  each  ward) 
shall  be  elected  at  large,  by  the  qualified  voters  of  the 
city,  voting  in  their  respective  wards,  f  And  the  common 
councilmen  shall  be  elected  from  and  by  each  ward, 
being  residents  in  the  wards  in  which  they  are 
elected.    All  of  said  officers  shall  be  chosen  by  ballot,  ah  chosen  by 


*  Provisions  concerning  election  and  duties  of  wardens,  clerks,  and 
inspectors  superseded  by  R.  L.,  ch.  11,  sects.  171-185,  as  amended  by  Acts 
of  1903,  ch.  454,  sect.  9.  Date  of  election  changed  to  Tuesday  next  follow- 
ing first  Monday,  see  Acts  of  1874,  ch.  20,  Acts  of  1890,  ch.  423,  sect.  142, 
R.  L.,  ch.  11,  sect.  3. 

t  As  to  residence  and  election  of  aldermen  see  Acts  of  1885,  ch.  65,  also 
Acts  of  1901,  ch.  147,  post  pg,  39. 


16 


CHARTER. 


ballat,  to  bold 
office  one  year 
until,  etc. 


Time  of 
holding  election. 


Voten  niTcn,  how 
sorted  and 
counted,  etc. 


Dutvof  ward 
clerks  in  certify- 
ing, etc. 


Proviso. 


Board  of  alder- 
men examine  tlie 
returns  and  notify 
the  mayor-elect. 


In  case  of  fail- 
ure to  elect,  non- 
acceptance,  etc. 


In  regard  to 
aldermen  also. 


and  shall  hold  their  offices  for  one  year  from  the  first 
Monday  in  January ;  and  the  mayor,  city  clerk,  and 
city  treasurer,  until  others  shall  be  elected  and  qualified 
in  their  places.* 

Sect.  G.  On  the  first  Monday  f  in  December,  annu- 
ally, the  qualified  voters,  in  each  ward,  shall  give  in 
their  votes  for  [a  ward  clerk,  warden,  and  inspectors, 
and  for]  mayor,  aldermen  and  common  councilmen, 
city  clerk,  city  treasurer,  and  eight  persons  at  large  to 
be  a  school  committee.  J  All  the  votes  so  given  shall  be 
assorted,  counted,  declared,  and  registered  in  open 
ward  meeting,  by  causing  the  names  of  persons  voted 
for,  and  the  number  of  votes  given  for  each,  to  be  writ- 
ten in  the  ward  records,  in  words  at  length.  The  ward 
clerk,  within  twenty-four  hours  after  such  election, 
shall  deliver  to  the  persons  elected  members  of  the  com- 
mon council,  certificates  of  their  elections,  signed  by 
the  warden  and  clerk,  and  by  a  majority  of  the  inspect- 
ors of  elections,  and  shall  deliver  to  the  city  clerk  a  copy 
of  the  records  of  such  election  certified  in  a  like  manner. 
Provided,  that  if  the  choice  of  common  councilmen, 
[ward  clerk,  warden,  or  inspectors,]  shall  not  be  effected 
on  that  day,  the  meeting  may  be  adjourned  from  time 
to  time,  to  complete  such  election.  The  board  of  alder- 
men shall,  as  soon  as  conveniently  may  be,  examine 
the  copies  of  the  records  of  the  several  wards,  certified 
as  aforesaid,  and  shall  cause  the  person  who  may  have 
been  elected  mayor  to  be  notified,  in  writing,  of  his 
election  ;  but  if  it  shall  Appear  that  no  person  has 
received  a  majority  of  the  votes,  or  if  the  person  elected 
shall  refuse  to  accept  the  office,  the  board  shall  issue 
their  warrants  for  a  new  election,  and  the  same  pro- 
ceedings shall  be  had  as  are  hereinbefore  provided  for 
the  choice  of  mayor,  and  repeated  from  time  to  time, 
until  a  mayor  is  chosen.  If  it  shall  appear  that  the 
whole  number  of  aldermen  have  not  been  elected,  the 
same  proceedings  shall  be  had  as  are  hereinbefore  pre- 
scribed for  the  choice  of  mayor.     And  each  alderman 

•  Aldermen  and  councilmen  to  serve  for  two  years,  etc.,  Acts  of  1901, 
ch.  147. 

t  Changed  to  Tuesday  next  following  first  Monday,  see  R.  L.,  ch.  11, 
sect.  ?>. 

X  School  committees  may  be  of  any  number  divisible  by  three,  R.  L., 
ch.  11,. sect.  3:i4,  term  of  office  to  commence  at  same  time  with  that  of 
members  of  city  council,  R.  L.,  ch.  42,  sect.  25.  Ward  or  precinct  officers 
to  be  appointed  by  the  mayor  with  the  approval  of  the  board  of  aldermen ; 
for  appointment  and  duties,  see  R.  L.,  ch.  11,  sects.  171-185,  as  amended 
by  Acts  of  1903,  ch.  464,  sect.  9. 


CHARTER, 


17 


shall   be  notified,  in  writing,  of  his  election,  by  the 
mayor  and  aldermen  for  the  time  being. 

In  case  of  the  decease,  resignation,  or  absence  of  the 
mayor,  or  of  physical  inability  to  perform  the  duties  of 
his  oflSce,  the  board  of  aldermen  and  the  common  coun- 
cil shall,  respectively,  by  vote,  declare  that  a  vacancy 
exists,  and  the  cause  thereof  ;  whereupon,  the  two 
boards  shall  meet  in  convention  and  elect  a  mayor  for 
the  time  being,  who  shall  serve  until  another  is  chosen, 
or  until  the  occasion  causing  the  vacancy  is  removed.* 
The  oaths  prescribed  bj'  this  act  may  be  administered 
to  the  mayor  by  the  city  clerk  or  any  justice  of  the  peace 
for  the  county  of  Hampden. 

The  aldermen  and  common  councilmen  elect  shall 
on  the  first  Monday  in  January,  at  ten  o'clock  in  the 
forenoon,  meet  in  convention,  when  the  oath  required 
by  this  act  shall  be  administered  to  them  by  the  mayor, 
or  any  justice  of  the  peace  for  the  county  of  Hampden, 
and  a  certificate  setting  forth  that  such  oath  has  been 
taken,  shall  be  entered  on  the  journal  of  each  board  by 
their  respective  clerks.  When  it  shall  appear  that  no 
mayor  has  been  elected  previous  to  the  first  Monday  in 
January,  the  mayor  and  aldermen  for  the  time  being 
shall  make  a  record  of  that  fact,  an  attested  copy  of 
which  the  city  clerk  shall  read  at  the  opening  of  the 
convention  to  be  held  as  aforesaid.  After  the  oath  has 
been  administered,  the  two  boards  shall  separate,  and 
the  common  council  shall  be  organized  by  the  choice  of 
a  president  and  clerk,  to  hold  their  offices  during  the 
pleasure  of  the  common  council ;  the  clerk  to  be  sworn 
to  the  faithful  performance  of  the  duties  of  his  office. 
In,  case  of  the  absence  of  the  mayor  elect  on  the  first 
Monday  in  January,  the  city  government  shall  organ- 
ize itself  as  hereinbefore  provided,  and  may  proceed 
to  business  in  the  same  manner  as  if  the  mayor  were 
present ;  and,  at  any  time  thereafter,  in  convention 
of  the  two  branches,  the  oath  of  office  may  be  admin- 
istered to  the  mayor,  and  to  any  member  of  the  city 
council  who  may  have  been  absent  at  the  organization. 
In  the  absence  of  the  mayor  at  any  meeting,  the  board 
of  aldermen  may  choose  a  presiding  officer,  pi'o  tem- 
pore, who  shall  also  preside  at  joint  meetings  of  the 
two  boards.  Each  board  shall  keep  a  record  of  its  own 
proceedings,  and  judge  of  the  election  of  its  own  mem- 

*For  general  law  as  to  vacancy  in  the  office  of  mayor,  see  R.  L.  eh. 
26,  sects.  29,  fV). 


In  case  of 
riec«!a8e,  etc.,  of 
the  mayor,  may 
meet  in  conven- 
tion, and  till 
vacancv,  ett. 


Oatlis.  how 
aciministerwl. 


Provisions  for  the 
organizations  of 
the  city  govern- 
ment. 


In  case  no  mayor 
has  been  elected, 
etc. 


In  case  of  absence 
of  mayor  on  Ist 
Monday  of  Janu- 


or  at  any  meeting 
of  the  board. 


Kacli  board  to 
keep  records  and 
be  judge  of  its 


18 


CHARTER. 


own  elections,  etc. 

Vacancies,  how 
fiUed. 


Mayor  to  be  chief 
executive  officer, 
his  duties,  etc. 


Power  of 
removal,  etc. 


May  call  special 
meetings,  etc. 


Shall  communi. 
cate  information. 


Shall  preside,  etc. 
Salary. 


Proviso. 


Powers  vested  in 
mayor  and  alder- 
men. 


May  appoint 
constaDles, 
marshals,  etc. 


May  require 
bonds. 


bers.  In  case  of  failure  of  election,  or  in  case  of 
vacancy  declared  by  either  board,  the  mayor  and 
aldermen  shall  issue  their  warrants  for  a  new  election. 

Sect.  7.  The  mayor  shall  be  the  chief  executive 
oflBcer  of  said  city.  He  shall  be  vigilant  and  active  in 
causing  the  laws,  and  all  by-laws  and  ordinances  of 
the  city,  to  be  enforced,  and  keep  a  general  supervision 
over  the  conduct  of  all  subordinate  officers.  And 
whenever,  in  his  opinion,  the  public  good  requires  it, 
he  may,  with  the  consent  of  the  appointing  power, 
remove  from  office  any  officer  over  whose  appointment 
he  has  the  power  of  nomination.  He  may  call  special 
meetings  of  the  board  of  aldermen  and  common  coun- 
cil, or  either  of  them  when  in  his  opinion  the  interests 
of  the  city  require  it,  by  causing  notices  to  be  left  at 
the  places  of  residence  of  the  several  members.  He 
shall  communicate,  from  time  to  time,  to  both  boards, 
such  information,  and  recommend  such  measures,  as 
in  his  opinion,  the  business  and  interests  of  the  city 
may  require.  He  shall  preside  in  the  board  of  alder- 
men, and  in  the  convention  of  the- two  boards,  but 
shall  have  only  a  casting  vote.*  His  salary,  for  the 
first  year  in  which  this  charter  shall  take  effect,  shall 
be  four  hundred  dollars,  and  no  more  ;  and  it  shall 
afterwards  be  fixed  by  the  city  council ;  and  it  shall 
neither  be  increased  nor  diminished  during  the  year 
for  which  he  is  chosen  :  Provided,  that  the  city  coun- 
cil may  appoint  the  mayor  commissioner  of  highways, 
when  in  their  opinion  such  an  officer  is  necessary,  and 
allow  him  a  suitable  compensation  therefor. 

Sect.  8.  The  executive  power  of  said  city  gener- 
ally, and  the  administration  of  police,  with  all  the 
powers  heretofore  vested  in  the  selectmen  of  Spring- 
field, shall  be  vested  in  the  mayor  and  aldermen,  as 
fully  as  if  the  same  were  herein  specially  enumerated. 
The  mayor  and  aldermen  shall  have  full  and  exclusive 
power  to  appoint  a  constable  and  assistants,  or  a  city 
marshal  and  assistants,  with  the  powers  and  duties  of 
constables,  and  all  other  police  officers,  and  the  same 
to  remove  at  pleasure.  They  may  require  any  person 
appointed  a  marshal  or  constable  of  the  city  to  give 
bonds,  with  such  security  as  they  may  deem  reason- 
able,  before  he  enters  upon  the  duties  of  his  office ; 


♦Mayor  given  veto  power,  R.  L..  ch.  26,  sect.  0  ;  not  to  vote  when  he 
acts  as  presiding  officer  in  meetings  of  the  board  of  aldermen  or  in  con- 
ventions of  the  two  branches  of  the  city  council,  R.  L.,  ch.  20,  sect.  11. 


CHARTER.  19 

upon  which  bonds  the  like  proceedings  and  remedies 
may  be  had  as  upon  constables'  bonds  taken  by  select- 
men of  towns.  The  mayor  and  aldermen  shall  have  Exclusive  power 
exclusive  power  to  grant  licenses  to  inn-holders,  vict-  eii^^^^  ^enseg, 
ualers,  and  retailers  as  fully  as  the  same  powers  are 
possessed  by  the  mayor  and  aldermen  of  the  city  of 
Boston, 

The  city  council  shall,  annually,  as  soon  after  their  Election  of 

ASsti88or8   collcc* 

organization  as  may  be  convenient,  elect  by  joint  bal-  tors,  overseers  of 
lot,  in  convention,  three  assessors,  a  collector  of  taxes,      ^•'♦^'■•"*^- 
three  persons  to  be  overseers  of  the  poor,*  and  a  chief 
engineer  and  as  many  assistants,  not  exceeding  twelve, 
as  they  may  by  vote  determine,  and  fix  their  compensa-  compensation. 
tions,  and  the  compensations  of  the  city  clerk,  city  treas- 
urer, and  school  committee,  t     They  shall  also,  in  such 
manner  as  they  shall  determine  by  any  by-law,  appoint, 
or  elect,  all  other  subordinate  officers  not  herein  other-  subordinate 

j'xjrj.1-  •  jj^j.1-      officers,  how  ap- 

wise  directed  for  the  ensuing  year,  and  define  their  pointed,  etc. 
duties  and  fix  their  compensations  in  cases  where  the 
same  are  not  defined  and  fixed  by  the  laws  of  the  Com- 
monwealth.   All  sittings  of  the  mayor  and  aldermen,  ah  sessions  pub- 
and  of  the  common  council,  shall  be  public,  when  they  "''■ 
are  not  engaged  in  executive  business. 

The  city  council  shall  take  care  that  no  moneys  are  no  moneys  paid 

•  J  £  J.V.     J.  1  J.J  •    J.    js       unless  granted, 

paid  from  the  treasury,  unless  granted  or  appropriated  ;  etc. 
shall  secure  a  just  and  proper  accountability  by  requir-  under  proper 

,/       ./         T.  accountability. 

ing  bonds,  with  sufficient  penalties  and  sureties,  from 
all  persons  intrusted  with  the  receipt,  custody,  or  dis- 
bursement of  money  ;  shall  have  the  care  and  superin-  superiutendency 
tendence  of  the  city  buildings  and  the  custody  and  in^" 
management  of  all  the  city  property,  with  the  power  to 
let  or  to  sell  what  may  be  legally  sold,  and  to  purchase 
property,  real  or  personal,  in  the  name  and  for  the  use 
of  the  city,  whenever  the  interest  or  convenience  of 
the  inhabitants  may,  in  their    judgment,  require  it. 
And  they  shall,  as  often  as  once  in  a  year,  cause  to  be  Accountstobe 
published,  for  the  use  of  the  inhabitants,  a  particular  annually. 
account  of  the  receipts  and  expenditures,  and  a  schedule 
of  city  property. 

Sect.  9.     In  all  cases  in  which  appointments  are  Mayor  nominates, 
directed  to  be  made  by  the  mayor  and  aldermen,  the 

*  Election  of  city  oflBcers  to  be  by  viva  voce  vote,  R.  L.,  ch.  26,  sect!  7; 
see  amendmeut  to  Charter,  Acts  of  1873,  ch.  126,  as  to  election  and  terms 
of  office  of  assessors,  assistant  assessors,  and  overseers  of  the  poor. 

City  physician  made,  ex  officio,  member  of  board  of  overseers  of  the 
poor  of  the  city,  Acts  of  1878,  ch.  97. 

t  To  be  fixed  by  concurrent  vote  of  council,  see  amendment  to  Charter, 
Acta  of  1863,  ch.  176. 


aldermen  confirm. 


20 


CHARTER. 


Aldermen  aud 
comraon  council- 
raen  ineligible. 


Vacancy  of  clerk 
and  treasurer, 
how  tilled. 


City  clerk  to  be 
clerk  of  board  of 
aldermen. 


His  duties,  etc. 


Shall  be  chosen 
for  one  year  and 
until,  etc. 


Board  of 
overseers  of  the 
poor. 


Powers,  duties, 
etc. 


Powers  and 
duties  of  assess- 
ors. 


Taxes,  bow 
assessed,  etc. 


Proviso. 


Vacancies  in 
school  commit- 
tee, how  filled. 


mayor  shall  have  the  exclusive  power  of  nomination, 
such  nomination  being  subject  to  be  confirmed  or 
rejected  by  the  board  of  aldermen.  No  person  shall  be 
eligible  to  any  office  of  emolument,  the  salary  of  which 
is  payable  out  of  the  city  treasury,  who,  at  the  time  of 
his  election  or  appointment,  shall  be  a  member  of  the 
board  of  aldermen,  or  of  the  common  council ;  and  no 
member  of  either  board  shall  hold  any  other  office 
under  the  city  government.* 

Sect.  10.  Should  there  fail  to  be  a  choice  of  city 
clerk,  or  of  city  treasurer,  as  herein  provided  ;  or  should 
a  vacancy  occur  in  either  of  said  offices  during  the  year, 
such  vacancy  shall  be  filled  by  the  city  council  in  con- 
vention. The  city  clerk  shall  be  clerk  of  the  board  of 
aldermen,  and  shall  be  sworn  to  the  faithful  perform- 
ance of  his  duties.  He  shall  perform  such  duties  as 
shall  be  prescribed  by  the  board  of  aldermen  ;  and  he 
shall  perform  all  the  duties,  and  exercise  all  the  powers, 
by  law  incumbent  upon,  or  vested  in,  the  town  clerk  of 
the  town  of  Springfield.  He  shall  be  chosen  for  one 
year  and  until  another  shall  be  chosen  and  qualified  in 
his  place,  and  he  shall  deliver  to  his  successor  in  office, 
as  soon  as  he  is  qualified,  all  records,  books,  papers, 
documents,  or  property  held  by  him  as  city  clerk. 

Sect.  11.  The  persons  chosen  by  the  city  council  to 
be  overseers  of  the  poor  shall,  with  the  mayor,  consti- 
tute the  board  of  overseers  of  the  poor,  of  which  the 
mayor  shall  be  chairman  ;  and  they  shall  have  all  the 
powers,  and  be  subject  to  all  the  duties,  now  bj'  law 
appertaining  to  the  overseers  of  the  poor  for  the  town 
of  Springfield. t 

The  persons  chosen  by  the  city  council  as  assessors 
shall  constitute  the  board  of  assessors,  and  shall  exer- 
cise the  powers  and  be  subject  to  the  duties  and  liabili- 
ties of  assessors  in  towns.  All  taxes  shall  be  assessed, 
apportioned,  and  collected  in  the  manner  prescribed  by 
law  relative  to  town  taxes  :  Provided,  that  the  city 
council  may  establish  further  and  additional  provisions 
for  the  collection  thereof.  Should  there  fail  to  be  a 
choice  of  members  of  the  school  committee,  as  herein 
provided,  or  should  a  vacancy  occur  during  the  year, 
the  vacancy  or  vacancies  shall  be  filled  by  the  city 


*  No  member  of  city  council  to  be  interested  in  a  private  capacity  in 
city  contracts,  or  receive  presents,  etc.,  see  R.  L.,  ch.  210,  sect.  9. 


t  See  amendment  to  Charter,  187;»,  ch.  12G,  sect.  3. 
made  member  of  board,  ex  officio.  Acts  of  1878,  ch.  97. 


City  physician 


CHARTER.  21 

council  in  convention.     The  persons  chosen  as  school 
committee  shall  have  the  care  and  superintendence  of  Duties  of  school 
the  public  schools,  and  shall  have  all  the  powers,  and  *'°™™'    *• 
perform  all  the  duties,  of  town  school  committees.* 

The  limits  of  the  several  school  districts  in  the  said  fboiSh^""*'** 
town  of  Springfield  shall  be  abolished,  and  the  several 
districts  shall  be  united  under  one  organization ;  and  the 
school  committee,  which  shall  be  chosen  according  to  Further  duties  of 
the  provisions  of  the  fifth  section  of  this  act,  shall  have  tee. 
the  same  rights  and  powers,  and  perform  the  same 
duties,  which  the  several  district  prudential  committees 
now  have  and  exercise  in  the  said  town  of  Springfield  : 
Provided,  that  the  inhabitants  of  the  several  school  dis-  Proviso. 
tricts  in  said  town,  at  any  legal  meeting  of  the  qualified 
voters  thereof,   called  for  the  purpose,  shall  within 
ninety  days  from  the  acceptance  of  this  act  by  the 
inhabitants  of  Springfield,  as  hereinafter  provided,  vote 
to  dissolve  their  several  district  organizations  and  dis- 
pose of  their  school  district  property. 

If  the  said   several  school  districts  shall  vote  as  in  case  school  dis- 
hereinbefore  provided,  to  dissolve  their  several  organ-  ^ivld^heiT 
izations  and  dispose  of  their  district  property,  said  dis-  '^""^^'  ®^'''  ""****■ 
tricts  shall  thereafter  be  dissolved,  and  their  powers 
and  privileges,  and  their  duties  and  liabilities,  shall 
cease  :   Provided,  that  the  said  districts  shall  continue  Proviso. 
liable  to  pay  all  their  existing  debts  and  to  perform  all 
legal  contracts. 

If  the  said  districts  shall  by  vote  so  elect,  the  city  city  to  take  the 
shall  take  the  property  of  said  districts.  dLTrfcts."'*^* 

If  the  said  districts  shall  vote,  as  aforesaid,  to  dis-  Mayor  to  certify  to 

1,1.  ,  .,.  -IT  /..I.       court  of  coraruon 

solve  their  several  organizations  and  dispose  of  their  pieas  the  dissoiu- 
district  property,  the  mayor  of  said  city  shall  return  to  tricts. 
the  Court  of  Common  Pleas  then  next  to  be  holden  at 
said  Springfield  after  the  said  votes  have  been  passed, 
his  certificate  of  the  fact  that  the  several  school  dis- 
tricts have  so  voted  ;  and  the  said  Court  of  Common 
Pleas,  upon  the  filing  of  said  certificate,  shall  appoint 
three  disinterested  commissioners,  not  citizens  of  said  Three  commis- 
city,  who,  after  due  notice  to  the  said  several  districts  appointed  on  the 
and  said  city,  shall  proceed  to  award  and  determine  Sebtlo^the'dis- 
upon  what  terms  the  property  of  said  districts  shall  be  *"*^*** 
surrendered  to  said  city,  and  in  what  manner  the  debts 
of  the  several  districts  shall  be  paid  ;  and  said  commis- 

Comn 

returns,  etc. 


sioners  shall  return  their  said  award  to  the  Court  of  ^^f  *««'«"«••« »« 


*  See  as  to  superintendent  of  schools,  R.  L.,  ch.  42,  sects.  40-42. 


22  •  CHARTER. 

Common  Pleas  next  to  be  holden  at  Springfield  after 
their  appointment,  and  said  award,  after  being  accepted 
by  the  said  court,  shall  be  binding  on  the  said  city  and 

How  paid.  said  several  districts,  and  said  commissioners  shall  be 

paid  for  their  services  by  the  said  city. 

If  districts  are  not       If  the  Several    school    districts   shall  not,    within 

dissolved,  to  •        .        i  j.  i  /.     i   • 

remain  as  they  are  ninety  days  f  rom  the  acceptance  of  this  act  by  the  said 
council,  etc.      "   towii  of  Springfield,  vote,  as  above  provided,  to  dissolve 
their  several  organizations  and  dispose  of  their  prop- 
erty, then  the  limits  of  the  several  school  districts,  in 
the  said  town  of  Springfield,  shall  remain  as  they  now 
are,  until  altered  by  the  city  council ;    and  the  said 
school  districts  shall  retain  their  present  organization 
Mai'commuTee^"'  ^"^  ^^^  *h®"'  distHct  property  ;  and  the  said  districts, 
and  their  several  prudential  committees,  shall  have  the 
same  rights  and  powers,  and  perform  the  same  duties, 
which  they  now  have  and  perform  in  the  said  town  of 
Springfield. 
List  of  jurors  Sect.  12.     The  Hst  of  jurors  shall  be  prepared  by  the 

ami  aidermen!'and  mayor  and  aldcrmcu  in  the  same  manner  as  is  required 
mo™coifnci'°*'"™"in  the  ninety-fifth  chapter  of  the  Revised  Statutes  to 
be  done  by  the  selectmen  within  and  for  their  respect- 
ive towns  ;  and  the  lists,  when  made  out  by  the  mayor 
and  aldermen,  shall  be  submitted  to  the  common  coun- 
cil for  concurrent  revision  or  amendment.* 
Duties  of  mayor,         The  mayor  and  aldermen,  and  the  city  clerk,  shall 
city  clerk  in**^       Severally  have  and  exercise  all  the  powers  and  duties, 
jufore.*"  ''*^*"^with  regard  to  the  drawing  of  jurors  in  the  city  and  all 
other  matters  relating  to  jurors  therein,  which  are 
in  the  ninety-fifth  chapter  of  the   Revised   Statutes 
required  to  be  performed  by  the  selectmen  and  town 
clerks  in  their  respective  towns  ;  and  all  venires  for 
jurors  to  be  returned  from  Springfield  shall  be  served 
on  the  said  mayor  and  aldermen,  f 
City  council  made       Sect.     13.     All  powcr  now  by  law  invested  in  the 
ea  t  .  ]j)Q3^pjj  ^f  health  of  the  town  of  Springfield   shall  be 
transferred  to  and  vested  in  the  city  council,  to  be  car- 
ried into  execution  by  the  appointment  of  health  com- 
missioners, or  in  such  manner  as  the  city  council  may 
judge  expedient. 
StSwithiY       Sect.  14.     The  city  council  shall  have  exclusive 
concurrenrpower  authority  and  power  to  lay  out,  alter,  or  discontinue 
miMione?»7  *'°™'  ^^^  street  or  way,  the  termini  of  which  are  entirely 

♦Jury  lists  to  be  prepared  by  board  of  registrars  of  voters,  R.  L.,  ch. 
176,  sects.  4-7. 

t  See  R.  L.,  ch.  176,  sects.  10,  18. 


CHARTER. 


23 


within  the  city,  and  concurrent  power  with  the  county 
commissioners,  to  lay  out*  any  other  highway  in  the 
city,  and  to  estimate  the  damages  any  person  may  sus- 
tain thereby ;  but  all  questions  relating  to  the  laying 
out,  accepting,  altering,  or  discontinuing  any  street 
or  way,  shall  first  be  acted  upon  by  the  mayor  and 
aldermen.  Any  person  dissatisfied  with  the  decision 
of  the  city  council,  in  the  estimate  of  damages,  may 
make  complaint  to  the  county  commissioners  of  the 
county  of  Hampden,  at  any  meeting  holden  within  one 
year  after  such  decision,  w^hereupon  the  same  proceed- 
ings shall  be  had  as  are  now  provided  by  law,  in  cases 
where  persons  are  aggrieved  by  the  assessment  of  dam- 
ages by  selectmen,  in  the  twenty-fourth  chapter  of  the 
Revised  Statutes,  f 

Sect.  15.  The  city  council  may  cause  suitable  side- 
walks to  be  made  and  repaired  in  such  places  as  they 
may  judge  best ;  and  they  shall  assess  the  expenses 
thereof  upon  the  persons  owning  the  lands  or  estates 
against  which  such  sidewalks  are  so  made  or  repaired, 
apportioning  the  same  equitably,  where  there  are  two 
or  more  adjacent  owners.  They  may  cause  drains  and 
common  sewers  to  be  laid  down  through  any  streets  or 
private  lands,  paying  the  owners  of  lands  such  damages 
as  they  may  sustain  thereby,  and  may  require  all  per- 
sons to  pay  a  reasonable  sum  for  the  privilege  of  open- 
ing any  drain  into  a  public  drain  or  common  sewer ; 
and  they  may  also  require  private  drains  to  be  con- 
ducted into  a  public  drain  or  common  sewer  when  they 
shall  judge  the  same  necessary  for  the  health  or  clean- 
liness of  the  city.  In  default  of  payment  of  any  assess- 
ment made  in  pursuance  of  the  provisions  of  this  sec- 
tion, in  a  reasonable  time  after  notice  thereof,  the 
amount  so  unpaid  may  be  added  to  the  taxes  of  the 
party  so  deficient,  and  collected  by  the  collector  with 
other  city  taxes. 

The  city  council  may  make  by-laws,  with  suitable 
penalties,  for  the  survey,  inspection,  admeasurement, 
and  sale,  of  lumber,  wood,  coal,  and  bark,  brought  into 
the  city  for  sale  ;  and  all  such  other  salutary  and  need- 
ful by-laws  as  towns  may  make  and  establish,  and  may 

*  "Alter  or  discontinue  "  inserted  after  words  "concurrent  power  with 
the  county  commissioners  to  lay  out,"  Amendment  to  Charter,  Acts  of 
1873,  ch.  126. 

t  R.  L.,  ch.  48.  May  locate  anew.  Acta  of  1863,  ch.  204.  See  also 
Acts  of  1867,  ch.  94,  extending  to  Springfield  provision  of  Acts  of  1866, 
ch.  174,  as  to  Boston.  See  as  to  Board  of  Public  Works,  Acts  of  1872,  ch. 
334,  pos«  page  131. 


Persons  di8sati»- 
iied  may  appeal. 


City  council  may 
cause  sidewalks 
to  be  made  and 
repaired. 


Mav  make  sewers 
and  drains. 


Unpaid  assess- 
ments added  to 
taxes. 


Survey  and 
inspection  of 
lumber,  wood, 
coal,  etc. 


24 


CHARTER. 


Bjr-laws  to  be 
published. 


Town  by-laws  to 
remain  in  force 
until,  etc. 


Fines  and  penal- 
ties for  breach  of 
by-laws,  how 
prosecuted  und 
recovered. 


Right  of  ai>peal 
to  court  of  com- 
mon pleas. 


<3omplaint  how 
set  forth. 


Recognizances 
for  costs,  etc. 


Defaults  of 
recognizances, 
how  prosecuted. 


Fines  paid  to  city 
treasurer. 


annex  penalties  thereto,  not  exceeding  twenty  dollars 
for  the  breach  thereof  ;  which  by-laws  shall  be  in  force 
from  and  after  the  time  therein  respectively  limited, 
without  the  sanction  of  any  court  or  other  authority. 
All  such  by-laws,  and  all  city  ordinances,  shall  be  pub- 
lished in  such  newspaper  as  the  city  council  shall 
direct ;  and  all  by-laws  now  in  force,  in  the  town  of 
Springfield,  shall  remain  in  force  until  they  expire  by 
their  own  limitation,  or  are  revised  or  repealed  by  the 
city  council. 

Sect.  10.  All  fines,  forfeitures,  and  penalties  accru- 
ing for  the  breach  of  any  by-law  of  the  city,  or  of  any 
ordinance  of  the  city  council,  or  of  any  of  the  orders  of 
the  mayor  and  aldermen,  shall  be  prosecuted  for  and 
recovered  before  the  Police  Court  of  the  said  city  of 
Springfield,  by  complaint  or  information,  in  the  name 
of  the  Commonwealth,  in  the  same  manner  in  which 
other  criminal  offenses  are  now  prosecuted  before  the 
justices  of  the  peace  within  this  Commonwealth,  reserv- 
ing, in  all  cases,  to  the  party  complained  of  and  prose- 
cuted, the  right  of  appeal  to  the  Court  of  Common  Pleas 
for  the  trial  of  criminal  causes,  then  next  to  be  holden 
in  the  county  of  Hampden,  from  such  judgment  and 
sentence  of  the  Police  Court.  Such  appeal  shall  be 
allowed  on  the  same  terms,  and  the  proceedings  be  con- 
ducted therein  in  the  same  manner,  as  is  provided  in 
the  one  hundred  and  thirty-eighth  chapter  of  the 
Revised  Statutes.*  In  all  such  prosecutions  it  shall  be 
sufficient  to  set  forth  in  the  complaint,  the  offense,  fully, 
plainly,  substantially,  and  formally,  and  it  shall  not  be 
necessary  to  set  forth  such  by-law,  ordinance,  or  order, 
or  any  part  thereof.  When  such  complaint  is  made  by 
any  person  not  an  officer  of  the  city,  no  warrant  shall 
issue  thei'eon  until  the  complainant  shall  recognize, 
with  sufficient  surety,  to  the  satisfaction  of  the  justice 
of  said  Police  Court,  conditioned  to  pay  all  the  costs  of 
such  prosecution  in  case  the  person  complained  of  shall 
not  be  convicted  thereon.  And  in  case  of  default  of 
such  recognizance,  the  same  may  be  enforced,  and  the 
same  proceedings  had  thereon,  as  in  case  of  a  recogni- 
zance to  prosecute  an  appeal  from  the  judgment  of  such 
justice.  All  fines,  forfeitures,  and  penalties,  and  all 
costs,  so  recovered  and  paid,  shall  be  paid  to  the  treas- 
urer of  said  city,  and  shall  inure  to  such  uses  as  the 
city  council  shall  direct. 

•Appeal  to  Superior  Court,  R.  L.,  ch.  219,  .sects.  22-:i(). 


CHARTER.  26 

When  any  person,  upon  conviction  before  the  Police  persons  negiect- 
Court  for  breach  of  any  by-law  of  said  city,  or  any  ordi-  hoVpunls^T*' 
nance  of  the  city  council,  or  any  order  of  the  mayor 
and  aldermen,  shall  be  sentenced  to  pay  a  fine,  penalty, 
or  forfeiture,  and  shall  refuse  or  neglect  to  pay  the 
same,  or,  upon  claiming  an  appeal,  shall  fail  to  recog- 
nize according  to  law,  he  shall  be  committed  to  prison, 
there  to  remain  until  he  shall  pay  such  fine,  penalty, 
and  forfeiture  and  costs,  or  be  otherwise  discharged 
according  to  law.     And  the  provisions  of  this  section 
shall  also  apply  to  all  prosecutions,  founded  upon  the  xhis section 
by-laws  or  ordinances  of  the  town  of  Springfield,  which  t(?wn*by^i^8" 
may  continue  in  force  after  this  act  shall  go  into  oper- 
ation. 

Sect.    17.     The  city  council  shall,  annually,  in  the  citycouncn  deter- 
month  of  October,  meet  in  convention  and  determine  SreVreLnml^es, 
the  number  of  representatives  to  be  elected  by  the  city  *'*'' 
to  the  General  Court  in  such  year,  which  shall  be  con- 
clusive.    And  the  number  thus   determined  shall  be 
specified  in  the  warrants  calling  meetings  for  the  elec- 
tion of  representatives.* 

Sect.  18.     All  elections  for  county,  state,  and  United  Election  of 
States  officers  who  are  voted  for  by  the  people,  shall  be  ull^ted  lutes  ^" 
held  at  meetings  of  the  citizens  qualified  to  vote  in  J^^^.^^"  p*"**^  " « 
such  elections,  in  their  respective  wards,  at  the  times 
fixed  by  law  for  these  elections  respectively  ;  and  at 
such  meetings  all  the  votes  given  for  said  several  offi- 
cers, respectively,  shall  be  assorted,  counted,  declared, 
and  registered  in  open  ward  meeting,  by  causing  the 
names  of  all  persons  voted  for,  and  the  number  of  votes 
given  for  each,  to  be  written  in  the  ward  record,  in 
words,   at  length,  f    The  ward  clerk  shall  forthwith  Dutvofward 
deliver  to  the  city  clerk  a  certified  copy  of  the  record  cilrki;  of  mayor 
of  such  elections  ;  the  city  clerk  shall  forthwith  record  ^"<J  ^'^"""e"- 
such   returns  ;    and  the  mayor  and  aldermen  shall, 
within  two  days  after  every  such  election,  examine  and 
compare  all  such  returns,  and  make  out  a  certificate  of  Returns,  uow 
the  result  of  such  elections,  to  be  signed  by  the  mayor  ^^'^''• 
and  a  majority  of  the  aldermen,  and  by  the  city  clerk, 
which  shall  be  transmitted  or  delivered  in  the  same 
manner  as  similar  returns  are  by  law  directed  to  be 
made  by  selectmen  of  towns.     And  in  all  elections  for  New  elections  to 
representatives  to  the  General  Court,  in  case  the  whole  ""  vacancies. 
number  proposed  to  be  elected  shall  not  be  chosen  by  a 

•  See  Amendment  to  Constitution,  Article  21,  Revised  Laws,  page  47. 
t  For  changes  made  by  general  laws,  etc.,  see  R.  L.,  ch.  11. 


26 


CHARTER. 


Ll8t  of  voterti. 


List  to  be 
delivered  to  wiird 
clerks. 

Proviso,  in  repard 
to  names 
omitted. 


General  meeting 
to  be  called  on 
request  of  thirty 
voters. 


Fire  department 
establisned. 


Present  fire  dis- 
tricts may 
dissolve,  and  dis- 
pose of 
apparatus. 


majority  of  the  votes  legally  returned,  the  mayor  and 
aldermen  shall  forthwith  issue  their  warrants  for  a  new 
election,  conformably  to  the  provisions  of  the  constitu- 
tion and  the  laws  of  the  Commonwealth.* 

Sect.  V.k  Prior  to  every  election,  the  mayor  and 
aldermen  shall  make  out  lists  of  all  the  citizens  of  each 
ward,  qualified  to  vote  in  such  elections,  in  the  manner 
in  which  selectmen  of  towns  are  required  to  make  out 
lists  of  voters  ;  and,  for  that  purpose,  they  shall  have 
full  access  to  the  assessors'  book  and  lists,  and  be 
entitled  to  the  assistance  of  all  assessors  and  other 
city  officers.  They  shall  deliver  the  lists,  so  prepared 
and  corrected,  to  the  clerks  of  the  several  wards,  to  be 
used  at  such  elections  :  f  Provided,  that  any  person 
whose  name  shall  not  be  borne  on  the  list  of  the  ward 
in  which  he  is  entitled  to  vote,  when  it  shall  be  placed 
in  the  hands  of  the  clerk  of  said  ward,  shall  have  the 
right  to  have  his  name  entered  thereon,  at  any  time 
thereafter  before  the  closing  of  the  polls,  upon  present- 
ing to  the  ward  officers  a  certificate  signed  by  the 
mayor  or  city  clerk,  by  order  of  the  board  of  aldermen, 
setting  forth  his  right  to  have  his  name  thus  entered. 

Sect.  30.  General  meetings  of  the  citizens  qualified 
to  vote  may,  from  time  to  time,  be  held,  to  consult 
upon  the  public  good,  to  instruct  their  representatives, 
and  to  take  all  lawful  means  to  obtain  redress  for  any 
grievances,  according  to  the  right  secured  to  the  people 
by  the  Constitution  of  this  Commonwealth.  And  such 
meetings  shall  be  duly  warned  by  the  mayor  and  alder- 
men, upon  the  request  in  writing,  setting  forth  the 
purposes  thereof,  of  thirty  qualified  voters. 

Sect.  21.  t  A  fire  department  is  hereby  established 
in  said  city,  with  all  the  powers  and  privileges,  and 
subject  to  all  the  duties  and  liabilities,  set  forth  and 
contained  in  an  act  entitled  ''An  Act  to  regulate  Fire 
Departments,'*  passed  on  the  ninth  day  of  April,  in  the 
year  one  thousand  eight  hundred  and  thirty-nine,  and 
the  city  council  shall  possess  all  the  powers,  and  per- 
form all  the  duties  imposed  and  conferred  by  said  act 
upon  the  selectmen  of  towns.  The  inhabitants  of  any 
fire  district,  organized  according  to  law  in  the  town  of 
Springfield,  at  any  legal  meeting  of  the  qualified  voters 

•  See  Constitution,  Article  14,  Revised  Laws,  page  45;  also  R.L.,ch.  11. 

t  For  changes  made  by  general  laws,  see  R.  L.,  ch.  11. 

t  See  part  repeal  of  section  21  and  substitute  act  in  amendment,  Acts 
of  1853,  ch.  175,  page  8.3. 


CHARTER. 


2T' 


thereof,  called  for  the  purpose,  may  vote  to  dissolve 
their  said  fire  district,  and  to  annul  the  organization 
thereof,  and  may  dispose  of  the  fire  apparatus  and 
other  property  of  the  district,  and  appropriate  the  pro- 
ceeds thereof  in  such  manner  as  they  judge  best,  and 
thereafter  such  fire  district  shall  be  dissolved,  and 
their  powers  and  privileges,  and  their  duties  and  lia- 
bilities, shall  cease  :  Provided,  that  the  said  district 
shall  continue  liable  to  pay  all  their  existing  debts  and 
to  perform  all  legal  contracts.  If  the  said  district  shall 
by  vote  so  elect,  the  city  shall  purchase  the  fire  appara- 
tus and  other  property  of  such  district,  at  a  fair  valua- 
tion, not  exceeding  the  amount  paid  by  the  district 
therefor,  exclusive  of  anything  paid  by  the  town  of 
Springfield  towards  the  same,  and  shall  pay  the  debts 
and  liabilities  of  the  district,  so  far  as  the  amount  of 
such  valuation  may  be  sufficient  therefor.  And  if  the 
amount  of  the  valuation  exceeds  the  amount  of  the 
debts  and  liabilities  of  the  district,  such  excess  shall 
be  allowed  upon  and  deducted  from  the  city  taxes 
then  next  assessed  upon  the  inhabitants  of  such  fire 
district,  in  the  proportion  severally  assessed  upon  them 
in  the  tax  lists  by  the  assessors. 

Sect.  22.  A  Police  Court  is  hereby  established  in 
said  city,  to  consist  of  one  learned,  able,  and  discreet 
person,  to  be  appointed  and  commissioned  by  the  gov- 
ernor, pursuant  to  the  constitution,  to  take  cognizance 
of  all  crimes,  offenses,  and  misdemeanors  committed 
within  said  city  whereof  justices  of  the  peace  now 
have,  or  may  hereafter  have,  jurisdiction,*  And  the 
court  hereby  established  shall  hear  and  determine  all 
suits,  complaints,  and  prosecutions,  in  like  manner  as 
is  by  law  provided  for  the  exercise  of  the  powers  and 
authority  which  are,  or  may  be,  vested  in  justices  of 
the  peace,  and  shall  do  all  acts  necessary  to  and  con- 
sistent with  such  powers  and  authority.  And  the  said 
Police  Court  shall  also  have  original  jurisdiction  and 
cognizance  of  all  suits  and  actions  which  may  now,  or 
at  any  time  hereafter,  be  heard,  tried,  and  determined 
before  any  justice  of  the  peace  in  the  county  of  Hamp- 
den, and  exclusive  jurisdiction  whenever  all  the  par- 
ties reside  in  Springfield,  and  service  of  the  writ  is  had 
on  the  defendant  in  said  county  ;  and  no  writ,  in  any 


Proviso. 


If  districts  elect, 
the  city  shall 
purchase  their     v 
nre  apparatus, 
pay  debts  and 
deduct  excess 
from  city  taxes. 


A  police  court 
established. 


Its  powers, 
duties,  etc. 


Its  jurisdiction, 
etc. 


•Jurisdiction  extended  to  include  Wilbraham,''Agawam,  Longmeadow, 
West  Springfield,  Hampden  and  East  Longmeadow,  Acts  of  1874,  ch. 
180.  R.  L.,  ch.  160,  sect.  2. 


28  CHARTER. 

such  action  or  suit,  shall  be  made  returnable  before 
any  justice  within  said  city  of  Springfield,  but  to  said 

AppeaiF,  etc.  Police  Court  only  ;  and  an  appeal  shall  be  allowed  from 
all  judgments  of  said  Police  Court,  in  like  manner  and 
to  the  same  extent  that  appeals  are  now  allowed  by 
law  from  judgments  of  justices  of  the  peace  ;  and  the 

juBticeH  not  to  be  justiccs  of  Said  Police  Court  shall  not  be  of  counsel  or 

coansel,  etc.  "  .  ■,  •  ■, 

attorney  to  any  party  in  any  matter  or  thing  whatever 
which  may  be  pending  in  said  court,  or  which  shall 
have  been  previously  determined  before  himself.* 

Warrants,  how  Sect.  33.    All  Warrants  issued  by  said  court  shall  be 

*  '  ■  made  returnable  and  shall  be  returned  before  said  court, 
and  no  warrant  shall  be  issued  by  any  justice  of  the 
peace  within  the  county  of  Hampden,  except  by  the 
standing  justice  or  one  of  the  special  justices  of  said 
court,  for  any  crime  or  offense  committed  within  said 
city  of  Springfield. 

S^Tived  and  p^id.  ^^^T.  24.  All  fiuos  and  forfeitures,  and  all  fees  in 
criminal  cases,  now  allowed  by  law  to  justices  of  the 
peace,  which  shall  be  received  by,  or  paid  into  the  hands 
of,  the  justice  of  said  court,  shall  be  by  him  accounted 
for  and  paid  over  to  the  treasurer  of  said  city  ;  and  all 

other  costs,  how    other  costs  in  criminal  prosecutions,  which  shall  be  paid 

accounted  for  .  "^  '  "^ 

and  paid  over,  etc.  to  the  justicc  of  Said  court,  shall  be  by  him  accounted 
for  and  paid  over  to  the  same  persons,  in  the  same  man- 
ner, and  under  the  same  penalties  for  neglect,  as  are  by 
law  prescribed  in  the  case  of  justices  of  the  peace,  and 
all  costs  in  such  prosecutions,  not  thus  received,  shall 
be  made  up,  taxed,  certified,  and  allowed,  and  shall  be 
paid  and  satisfied,  in  like  manner  as  is  provided  by  law 
in  cases  of  justices  of  the  peace  ;  and  in  all  cases 
where  fines,  forfeitures,  and  costs  are  not  paid  to  the 
justice  of  said  court,  but  are  by  him  taxed  and  certi- 
fied, and  are  allowed,  in  the  manner  now  prescribed 
by  law,  and  such  fines  and  costs  are  subsequently  paid 
to  the  treasurer  of  the  county  of  Hampden,  the  justice's 
fees  so  taxed  and  paid  shall  accrue  to  the  county  afore- 
said ;  and  in  all  cases  where  said  justice's  fees  are  so 


*  Office  of  clerk  of  Police  Court  established,  Gen.  Stat.,  ch.  110;  pro- 
visions as  to  election  of  clerks,  Acts  of  1866,  ch.  169;  as  to  appointment 
by  governor  for  Springfield  and  fixing  salary  at  $1,(X)0,  Acts  of  1872,  ch. 
163  ;  clerk  to  be  appointed  and  commissioned  by  governor,  Acts  of  1876, 
ch.  141  ;  all  clerks  of  I'olice  Courts  to  be  appointed  by  governor.  Acts 
of  1877.  ch.  210;  clerk's  salary  increased  to  $1,200,  Acta  of  1874,  ch. 
180;  reduced  to  $1,000,  Acts  of  1879,  ch.  2.S2  ;  increased  to  S1.2()0,  Acts 
of  1886,  ch.  165;  increa^d  to  §1,400,  Acts  of  1889,  ch.  28;  increased 
to  $1,800,  Acts  of  11X)4,  ch.  453  ;  to  have  clerical  as-sistance.  Acts  of  I9fi(», 
ch.  331 ;  may  appoint  assistant  clerk  with  salary  of  $600,  assistant  clerk's 
salary  increased  to  $1,200,  Acts  of  1904,  ch.  453. 


CHARTER.  21^ 

taxed  and  certified  by  the  justice  of  said  court,  and  are 
allowed,  but  are  not  subsequently  paid  to  the  treasurer 
of  said  county,  the  said  county  of  Hampden  shall  be 
discharged  from  all  obligations  to  pay  said  magis- 
trate's fees  to  any  person  whatsoever.* 

Sect.  25.     A  court  shali  be  held  by  said  justice,  at  Time  and  place 

•  .11  ^^  holding  the 

some  suitable  and  convenient  place  to  be  provided  at  court. 
the  expense»of  said  city,t  on  two  several  days  of  each 
week,  at  nine  of  the  clock  in  the  forenoon,  and  as 
much  oftener  as  may  be  necessary,  to  take  cognizance  I'un'oae. 
of  crimes,  offenses,  and  misdemeanors,  and  on  one  day 
in  each  fortnight,  at  ten  of  the  clock  in  the  forenoon, 
and  may  be  adjourned  from  day  to  day,  by  the  justice 
thereof,  and  at  such  other  times  as  may  be  necessary, 
for  the  trial  of  civil  suits  and  actions  ;  and  the  justice  Justice  may 
of  said  court  shall,  from  time  to  time»  establish   all  etc. 
necessary  rules  for  the  orderly  and  uniform  conduct- 
ing of  the  business  thereof.    Complaints  may  be  re- 
ceived and  warrants  issued  by  him  at  all  reasonable 
times  when  said  court  is  not  in  session. 

Sect.  3G.  The  justice  of  said  court  shall  receive  saiar>  and  fees.  • 
from  the  treasurer  of  said  city,  an  annual  salary  of 
seven  hundred  dollars  in  quarterly  payments  ;  and  he 
shall  be  allowed,  as  a  compensation  for  his  services  in 
the  trial  and  determination  of  civil  suits,  cognizable 
by  said  court  under  this  act,  to  tax,  receive,  and  retain 
the  same  fees  now  allowed  by  law  to  justices  of  the 
peace  in  civil  cases.  J 

Sect.  27.    The  justice  of  said  court  shall  keep  a  fair  Records,  returns, 

T  •  .1  1111  1         *'"*  accounts 

record  of  all  proceedings  in  said  court,  and  shall  make  provided  for. 

return  to  the  several  courts  of  all  legal  processes,  and 

of  his  doings  therein,  in  the  same  manner  as  justices 

of  the  peace  are  now  by  law  required  to  do  ;  and  he 

shall  also,  annually,  in  the  month  of  January,  exhibit 

to  the  mayor  and  aldermen  of  said  city,  a  true  and 

faithful  account  of  all  moneys  received  by  him.§ 


♦As  to  fines,  costs,  and  expenses  of  prosecution,  see  R.  L.,  chs.  204, 
221,  160,  sect.  15. 

t  Conrt  to  be  always  open,  R.  L.,  ch.  160,  sect.  30;  expenses  paid  by 
county,  R.  L.,  ch.  160,  sect.  40. 

t  Salary  fixed  at  $1,.300,  General  Statutes,  cb.  IIG,  sect.  3i> ;  increased 
to  $2,000,  Acts  of  1868,  ch.  330  ;  increased  to  $2,400,  Acts  of  1874,  ch.  180 ; 
decreased  to  $1,800,  Acts  of  1879,  ch.  232,  paid  by  Commonwealth ;  in- 
creased to  $2,000,  Acts  of  1887,  ch.  171 ;  salaries  to  be  paid  by  and  fees  to 
be  paid  to  county,  P.  S.,  ch.  154  ;  salary  increased  to  $2,200,  Acts  of  1897, 
ch.  359 ;  increased  to  $3,000,  Acts  of  1904,  ch.  453. 

§  Duties  as  to  records  and  accounts  now  devolve  on  clerk,  R.  L.,  ch. 
160. 


dO 


CHARTER. 


Peading  actions. 


SpecUil  juatioee. 


Their  daties, 
powers,  etc. 


How  paid. 


Governor  may 
appoint  said  jus- 
tices at  any  time, 
etc. 


Daties  of  the 
selectmen  in  or- 
ganizing tliecity 
government. 


Sball  issue  war- 
rants, etc. 


Appoint  ward 
clerks  pro  tern. 


Betnrns,  bow 
made,  etc. 


Sect.  28.  All  suits,  actions,  and  prosecutions,  which 
shall  be  instituted  and  pending  before  any  justice  of 
the  peace  within  the  town  of  Springfield,  when  this 
act  shall  take  effect,  shall  be  heard  and  determined  as 
though  this  act  had  not  been  passed. 

Sect.  2U.  There  shall  be  appointed  by  the  governor, 
by  and  with  the  advice  and  consent  of  the  council,  two 
special  justices  of  said  court ;  and  whenever  it  shall 
happen  that  the  standing  justice  of  said  court  shall  be 
interested  in  any  suit  or  prosecution  cognizable  in  said 
court,  or  shall  from  any  cause  be  unable  to  hold  such 
court,  or  discharge  any  of  the  duties  required  of  him 
by  this  act,  the  said  special  justices  shall  have  power 
to  issue  the  processes  of  said  court,  and  to  hear  and 
determine  any  matter  or  cause  pending  therein,  the 
said  cause  being  assigned  on  the  record  by  the  stand- 
ing or  special  justice  ;  and  such  special  justice  shall  be 
paid,  for  services  so  rendered,  by  the  standing  justice, 
out  of  his  salary,  such  sums  as  justices  of  the  peace 
are  paid  for  like  services.* 

Sect.  30.  The  governor  shall  have  power,  by  and 
with  the  advice  and  consent  of  the  council,  to  appoint 
said  justice  and  special  justices,  at  any  time  after  the 
passing  of  this  act. 

Sect.  31.  For  the  purpose  of  organizing  the  system 
of  government  hereby  established  and  putting  the 
same  into  operation  in  the  first  instance,  the  selectmen 
of  the  town  of  Springfield,  during  the  months  of  April 
or  May  of  the  present  year,  shall,  seven  days  before 
the  day  of  meeting,  issue  their  warrants  for  calling 
meetings  of  the  citizens  in  their  several  wards,  at  such 
place  and  hour  as  they  may  deem  expedient,  for  the  . 
purpose  of  choosing  a  warden,  clerk,  and  inspectors  of 
each  ward,  and  all  other  officers  whose  election  is  pro- 
vided for  in  the  preceding  sections  of  this  act ;  and 
they  shall  appoint  a  clerk  pro  tempore  of  each  ward, 
who  shall  call  the  meeting  to  order  and  preside  until  a 
warden  is  chosen.  The  transcripts  of  the  record  of 
each  ward,  specifying  the  votes  given  for  the  several 
officers,  certified  by  the  warden  and  clerk,  and  by  a  ma- 
jority of  the  inspectors  of  such  ward,  at  such  first 
meeting,  shall  be  returned  to  the  selectmen,  who  shall 
examine  and  compare  the  same  ;  and  in  case  such  elec- 
tions should  not  be  completed  at  the  first  meeting,  they 
shall  issue  warrants  for  a  new  meeting  until  said  elec- 
•For  compensation  of  special  justices,  see  R.  L.,  ch.  160,  sect.  69. 


CHARTER. 


31 


tions  shall  be  completed.  They  shall  give  notice  of 
such  elections,  in  the  manner  herein  before  directed, 
to  the  several  persons  elected.  At  said  first  meeting,  a 
list  of  voters  in  each  ward,  prepared  and  corrected  by 
the  selectmen  for  the  time  being,  shall  be  delivered  to 
the  clerk  pro  tempore  of  each  ward,  to  be  used  as  be- 
fore directed.  The  selectmen  shall  appoint  such  time 
for  the  first  meeting  of  the  city  council,  as  they  judge 
proper,  after  the  choice  of  said  city  officers,  or  of  a  ma- 
jority of  the  members  of  both  branches  of  the  city  coun- 
cil, not  later  than  the  first  Monday  in  June  next,  and 
shall  appoint  the  place  and  hour  of  said  first  meeting. 
A  written  notice  thereof  shall  be  sent,  by  the  selectmen, 
to  the  place  of  abode  of  each  of  the  city  officers  so 
chosen  ;  and  notice  of  the  day,  hour,  and  place  of  said 
meeting  shall  be  published  in  one  or  more  newspapers 
printed  in  said  town. 

After  the  first  organization  of  the  city  council,  the 
meetings  for  the  annual  elections  and  for  the  organiza- 
tion of  the  city  council,  shall  be  as  provided  in  the  sixth 
section  of  this  act. 

The  city  council,  immediately  after  the  first  organ- 
ization, shall  elect  all  necessary  city  officers,  who  shall 
hold  their  offices  respectively  until  others  are  chosen 
and  qualified. 

At  the  meetings  to  be  called,  as  prescribed  in  this 
section,  for  the  choice  of  ward  and  city  officers,  the 
qualified  voters  shall  also  give  in  their  votes  for  county 
officers,  which  votes  shall  be  recorded,  certified,  and 
returned  in  the  manner  provided  in  the  seventeenth 
section  of  this  act. 

Sect.  32.  The  annual  town  meeting  for  the  town  of 
Springfield,  which,  by  law,  is  to  be  holden  in  March  or 
April,  is  hereby  suspended,  and  all  town  officers  now 
in  office  shall  hold  their  places  until  this  act  shall  take 
effect  and  their  successors  are  chosen  and  qualified. 
And  in  case  this  charter  shall  not  be  accepted  as  herein- 
after provided,  the  selectmen  shall  issue  their  warrants, 
according  to  law,  for  holding  the  annual  town  meeting 
of  the  inhabitants,  in  which  all  the  proceedings  shall 
be  the  same  as  if  this  act  had  not  been  passed. 

Sect.  33.  All  officers  of  the  town  of  Springfield  hav- 
ing the  care  and  custody  of  any  of  the  records,  papers, 
or  property  belonging  to  the  town,  shall  deliver  the 
same  to  the  city  clerk  within  one  week  after  his  enter- 
ing upon  the  duties  of  his  office. 


Shall  notify  per- 
sons elected. 


First  meeting  of 
city  council. 


How  notified. 


Annual  elections, 
when  held. 


City  council  shall 
elect  all  necessary 
officers,  etc. 


County  officers, 
how  chosen,  etc. 


Annual  town 
meetings  sus- 
pended. 


Present  officers 
hold  over. 

Provision  in  case 
the  charter  is  not 
accepted. 


Town's  pai>ers  and 
property  delivered 
over,  etc. 


32 


CHARTER. 


Acta  repealed. 


lyegUlatiire  may 
amend. 


Sect.  34.     All  acts  and  parts  of  acts,  inconsistent! 
with  the  provisions  of  this  act,  are  hereby  repealed. 

Sect  35.     Nothing  in  this  act  contained  shall  be  so 
construed  as  to  prevent  the  Legislature  from  altering 
or  amending  the  same  when  they  shall  deem  it  expe- 
dient. 
Act  void  unless  Sect.  30.     This  act  shall  be  void  unless  the  inhabit- 

twenty  days,  etc.  auts  of  tlio  towu  of  Springfield,  at  a  legal  town  meet- 
ing called  for  the  purpose,  shall,  by  vote  of  a  majority 
of  the  voters  present  and  voting  thereon  by  a  written 
ballot,  determine  to  adopt  the  same  within  twenty  days 
from  and  after  its  passage  ;  at  which  meeting  the  polls 
shall  be  kept  open  not  less  than  six  hours  ;  and  the  pre- 
siding officer,  in  receiving  said  ballots,  shall  use  the 
check-lists  in  the  same  manner  as  they  are  used  in 
elections  of  state  officers. 
Takes  effect.  Sect.  37.     This  act  shall  go  into  Operation  from  and 

after  its  passage.* 


♦This  act  was  adopted  by  a  vote  of  989  yeas  to  454  nays  at  a  meeting 
held  April  21,  1852. 

Note. — An  act  w«us  passed  in  1877  to  revise  and  amend  the  charter  of 
the  city,  but  was  not  accepted  by  the  people.  It  may  be  found  in  Acts  of 
1877,  ch.  146. 


AMENDMENTS  TO  CHAETEE. 


ACTS  OF  1853.     CHAPTER  175. 

AN    ACT    IN    ADDITION    TO    AN    ACT    TO    ESTABLISH    THE 
CITY    OF    SPRINGFIELD. 


Section. 

1.  Section  21,  relating  to  fire  de- 

partment repealed. 

2.  City  council  may  establish  fire 

department,  prescribe  rules, 
etc. 


Section. 

3.  Engineers  and    other    officers, 

their  powers  and  duties. 

4.  Compensation  of   certain    offi- 

cers, how  fixed. 


Be  it  enacted,  etc.,  as  follows  : — 

Section  1.  So  much  of  the  twenty-first  section  of 
the  act  to  which  this  is  in  addition,  as  relates  to  the 
establishment  of  a  fire  department  in  said  city,  is 
hereby  repealed. 

Sect.  2.  The  city  council  of  the  city  of  Springfield 
may  establish  a  fire  department  for  said  city,  to  consist 
of  a  chief  engineer,  and  so  many  assistant  engineers, 
and  so  many  engine  men,  hosemen,  hook  and  ladder 
men,  as  the  city  council,  by  ordinance,  shall  from  time 
to  time  prescribe ;  and  said  city  council  shall  have 
authority  to  make  such  provisions  in  regard  to  the  time 
and  mode  of  appointment,  and  the  occasion  and  mode 
of  removals  of  either  such  officers  or  members,  to 
make  such  requisitions  in  respect  to  their  qualifications 
and  period  of  service,  to  define  their  office  and  duties, 
to  fix  and  pay  such  compensation  for  their  services, 
and  in  general  to  make  such  regulations  in  regard  to 
their  conduct  and  government,  and  to  the  manage- 
ment and  conduct  of  fires  and  persons  attending  fires, 
— subject  to  the  penalties  provided  for  the  breach  of  the 
city  ordinances — as  they  shall  deem  expedient :  Pro- 
vided, that  the  appointment  of  engine  men,  hosemen, 
and  hook  and  ladder  men,  shall  be  made  by  the  mayor 
and  aldermen,  exclusively. 

Sect.  3.  The  engineers  and  other  officers  of  the 
fire  department  so  appointed  as  aforesaid,  shall  have 
the  same  authority  in  regard  to  the  prevention  and  ex- 
tinguishment of  fires,  and  the  performance  of  the  other 


Section  21,  relat- 
ing to  fire  depart- 
ment, repealed. 


City  council  may 
establish  fire 
dei)artment,  pre- 
scribe rules,  etc. 


Proviso. 


Engineers  and 
other  officers, 
their  powers  and 
duties. 


34  AMENDMENTS    TO    CHARTER. 

offices  and  duties  now  incumbent  upon  fire-wards,  as 
are  now  conferred  upon  fire-wards  by  the  Revised 
Statutes  now  in  force.  They  shall  also  have  authority, 
in  compliance  with  any  ordinance  of  said  city,  to  make 
an  examination  of  places  where  shavings  and  other 
combustible  materials  are  collected  or  deposited,  and 
to  require  the  removal  of  such  materials,  or  the  adop- 
tion of  suitable  safeguards  against  fire  ;  and  said  city 
council  are  hereby  authorized  to  make  suitable  ordi- 
nances upon  the  latter  subject,  under  the  penalties 
enacted  in  the  city  charter. 
Compensation  of  Sect.  4.     The  compeusatiou  to  the  fire  department, 

certain  officers,  .  n       .  i?  .  -^         i       i         -j      j 

how  fixed.  to  asscssors,  collector  of  taxes,  city  clerk,  city  treasurer, 

and  school  committee,  shall  be  fixed  by  a  concurrent 
vote  of  the  two  branches  of  the  city  council ;  any  pro- 
vision contained  in  the  eighth  section  of  the  city  charter 
to  the  contrary  notwithstanding. 

Approved  by  the  Governor,  April  23,  1858, 


AMENDMENTS    TO    CHARTER. 


35 


ACTS  OF  1873.     CHAPTER  126. 

AN     ACT    AMENDING    THE     CHARTER     OF    THE     CITY     OF 
SPRINGFIELD. 


Section. 

1.  City  charter  amended,  1852,  94, 

sect.  14. 

2.  Assessors  and  assistant  assess- 

ors, how  and  when  chosen  ; 
to  hold  oihce  for  tliree  years. 

3.  Overseers  of  the  poor,  how  and 

when  chosen ;  to  hold  office 
for  three  years. 

4.  All  existing  sewers  and  drains 

may  be  taken  and  appropri- 
ated by  the  city. 

6.  Sewers  and  drains  hereafter 
laid  out  to  become  the  prop- 
erty of  the  city. 

6.  City  council  not  to  lay  out,  etc. , 
streets,  sidewalks,  sewers,  or 
drains,  without  recoramenda- 


Section. 

tion  of  board  of  public  works, 
unless  notice  be  first  given 
to  all  interested.  Proceed- 
ings after  recommendation  of 
board  of  public  works. 

7.  City  council  may  establish  any 

portion  of  city  as  a  building 
district. 

8.  City  council  may  require    all 

tenements  and  buildings  to 
be  numbered,  etc. 

9.  City  may  appropriate  and  raise 

by  taxation  sums  for  support 
of  city  hospital. 

10.  Inconsistent  acts  repealed. 

11.  Act  subject  to  acceptance  by 

city  council. 


Be  it  enacted,  etc.,  as  follows  :  — 

Section  1.     Section  14  of  chapter  ninety-four  of  the  city  charter 
year  one    thousand  eight    hundred  and  fifty-two  is  94,§i4.    ' 
amended  by  inserting  the  words  "  alter  or  discontinue  " 
after  the  words  "concurrent  power  with  the  County 
Commissioners  to  lay  out." 

Sect.  2.     The  city  council  of  the  city  of  Springfield,  Assessors  and  a*- 

1,1         •   ^   '      A  iT  p  1  /.I.  sistant  assessors, 

shall,  within  two  months  after  the  passage  of  this  Act,  howand  wiien 
elect  by  ballot  in  joint  convention,  three  assessors,  one  office  for  three 
to  hold  office  for  three  years,  one  for  two  years,  and 
one  for  one  year  from  the  first  day  of  April  of  the  year 
eighteen  hundred  and  seventy-three  ;  and  shall  there- 
after annually,  within  sixty  days  after  the  organization 
of  the  council,  elect  in  like  manner  one  assessor  to  hold 
office  for  the  term  of  three  years  from  the  first  day  of 
April  in  the  year  of  such  election.  Said  council  shall 
at  the  same  times  and  in  the  same  manner,  elect  such 
number  of  assistant  assessors,  not  exceeding  eight,  as 
said  council  may  from  time  to  time  by  ordinance  pre- 
scribe, who  shall  hold  office  for  the  term  of  one  year 
from  the  first  day  of  April  in  the  year  of  their  election, 
and  shall  assist  the  assessors  in  doing  their  duties,  in 
such  manner  and  with  such  compensation  as  shall  be 
prescribed  by  ordinance  of  the  city  council. 


36  AMENDMENTS    TO    CHARTER. 

Overseers  of  the         Sect.  3.    Said  city  council  shall  in  like  manner, 

when  chosen;  to    within  two  montlis  after  the  passage  of  this  act,  elect 

threeVara.*"^       three  pcFSons  to  be  overseers  of  the  poor,  who  shall  hold 

office,  one  for  one  year,  one  for  two  years,  one  for  three 

years  from  the  first  day  of  April,  eighteen  hundred  and 

seventy-three,  and   shall  afterward  annually,  within 

sixty  days  after  its  organization,  elect  one  person  as  an 

overseer  of  the  poor,  to  hold  office  for  three  years  from 

the  first  day  of  April  in  the  year  of  such  election.* 

AiiexistinKsew-         Sect.  4.     All   sewers  and  drains,  and  all  parts  of 

era  and  drama  i    i       •  ... 

may  be  taken  and  sewers  and  draius  uow  existmg  in  any  street,  hisrhway, 

appropriated  by  .       ^,  -^  /.  rT     •        ,r»    ,  i  , 

the  city.  or  town  way  in  the  city  of  Springfield,  and  not  now 

owned  by  said  city,  or  of  which  the  ownership  may  be 
uncertain,  may  be  taken  and  appropriated  by  vote  of 
the  mayor  and  aldermen,  and  shall  thereupon  become 
the  property  of  the  city,  and  subject  to  its  control ;  but 
nothing  herein  contained  shall  deprive  any  person  or 
corporation  of  any  existing  right  to  use  such  sewers 
and  drains,  or  any  of  them,  for  drainage  purposes  ;  and 
any  person  or  corporation  sustaining  damage  by  such 
taking  or  appropriation  of  any  sewer  or  drain  may 
recover  compensation  therefor  in  the  manner  provided 
in  case  of  damage  sustained  by  the  laying  out  of 
highways. 

Sewers  and  drains       Sect.  5.     All  seWers  and  drains,  and  parts  of  sewers 

thereafter  laid  out  i,.  •i'it-p  it 

to  become  the       and  draiiis,  within  the  limit  of  any  street  or  public  way 

property  of  the        ,  /v,        i     •  i  -ji   •  •  i      •.  i      n  ■     , 

city.  hereafter  laid  out  within  said  city,  shall,  on  such  laying 

out,  become  the  property  of  said  city,  and  subject  to 
its  control ;  but  nothing  herein  contained  shall  deprive 
any  person  or  corporation  of  any  existing  right  to  use 
any  such  sewer  or  drain  for  the  purposes  of  drainage  ; 
and  any  person  or  corporation  sustaining  damage  by 
such  change  of  ownership  in  such  sewers  and  drains, 
or  any  of  them,  may  recover  compensation  therefor  in 
the  manner  provided  for  in  case  of  damage  sustained 
by  the  laying  out  of  highways. 
City  council  not  Sect.  G.     After  any  hearing  authorized  by  section  4 

atreets'.'sid^ewaiks,  of  chapter  three  hundred  and  thirty-four  of  the  acts  of 

sewers,  or  drains     ,.  •     \  a.  i  jj  j  "ij.  ai  -j. 

without  recom-  the  year  eighteen  hundred  and  seventy-two,  the  city 
bJ)a^d*of"pubiic  council  of  Said  city  shall  not,  nor  shall  the  mayor  and 
no«ce  be"flrer  aldermen,  proceed  to  lay  out,  alter,  widen,  discontinue, 
Mted.**'*"'"*^'^"  or  change  the  grade  of  any  street,  establish,  lay  out, 
change  the  grade  of,  construct,  pave,  alter  any  side- 
walk, or  lay  out,  establish,   construct,  or  alter  any 

*  City  physician  made,  ex  officio,  a  member  of  the  board  of  overseerg 
of  the  poor  of  the  city,  Acts  of  1878,  ch.  97. 


AMENDMENTS    TO    CHARTER.  37 

sewers  or  drains,  in  opposition  to  the  recommendation 

of  the  board   of  public   works,  or  without   such  reCOm-    Proceedings  after 

mendation,  unless  they  shall  first  give  to  all  parties  of  board  of  puwic 

works 

interested  the  notice  which  before  the  passage  of  said 
chapter  was  required  by  law  to  be  given  to  parties 
interested  in  the  laying  out  of  streets  ;  in  all  cases, 
after  such  hearing,  the  recommendations  of  the  board 
of  public  works  may  be  adopted  and  carried  into  effect 
without  further  notice  to  or  hearing  of  parties,  unless 
some  party  interested,  within  fourteen  days  after  the 
hearing  before  the  board  of  public  works,  files  with  the 
city  clerk  a  request  in  writing  to  be  heard  further,  in 
which  case  the  same  notice  shall  be  given  to  all  parties 
interested  as  is  provided  in  case  the  recommendation 
of  the  board  of  public  works  is  not  adopted,  and  a 
hearing  shall  be  had  before  the  mayor  and  alder- 
men. 

Sect.  7.     The  city  council  may,  from  time  to  time  city  council  may 
by  concurrent  vote  of  the  two  branches,  establish  such  tfon  of^citTas'a"^' 
portion  of  the  city  as  they  see  fit,  as  a  building  district,  ^"*''*'"s  district. 
within  which  no  building  shall  be  erected  till  the  plans 
and  specifications  thereof,  so  far  as  they  indicate  the 
naaterial,  height,  and  thickness  of  the  walls,  and  the 
material  of  the  roof  and  cornices  and  other  projections, 
shall  have  been  approved  by  a  commissioner  appointed     • 
for  the  purpose  by  the  mayor,  with  the  consent  of  the 
aldermen  ;  but  nothing  herein  contained  shall  be  con- 
strued as  authorizing  the  erection  of  any  buildings  in 
violation  of  any  ordinance  of  said  city,  relating  to  the 
erection   of   buildings  within   the   limits   of  any  fire 
district  now  established,  or  which  may  hereafter  be 
established. 

Sect.  8.     Said  city  council  may  by  ordinance,  with  city  council  may 
suitable  penalties,  require  all  tenements  and  buildings  me^tslnd  buifd- 
on  streets  and  within  a  district  named  and  described  in  befed^etc."*^"^" 
such  ordinance,  to  be  suitably  numbered  by  the  owner 
or  occupant ;  and  may  provide  that,  if  the  owner  or 
occupant  fails  to  number  any  building  or  tenement  in 
accordance  with  such  ordinance,  said  city  may  cause 
the  same  to  be  numbered  at  the  expense  of  the  owner 
or  occupant. 

Sect.  9.     The  city  of  Springfield  may  appropriate  city  may  appro. 
annually,  and  raise  by  taxation,  such  sum  as  the  city  E" taxatlonlums 
council  deems  fit,  for  the  support  of  a  city  hospital.         c?tyho8pitaL' 

Sect.  10.     All  acts  and  parts  of  acts  inconsistent  inconsistent  acts 
herewith  are  repealed.  repealed. 


38 


Actjsubject  to 
acceptance  by  city 
council. 


AMENDMENTS   TO    CHARTER. 

Sect.  11.  This  act  shall  take  effect  on  the  accept- 
ance thereof  by  the  concurrent  vote  of  the  city  coun- 
cil of  said  city  of  Springfield. 

Approved,  March  28,  1873. 

Note. — Accepted  by  the  city  council,  March  31,  1873. 


ACTS  OF  1885.     CHAPTER  G5. 

AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  SPRING- 
FIELD CONCERNING  THE  ELECTION  OF  ALDERMEN. 


Section. 

1.  Election  of  aldermen. 

2.  Repeal. 


Election  of  alder- 
men. 


Bepeal. 


Subject  to 
acceptance  by 
voters. 


Section. 

3,    Subject  to  acceptance  by  voters. 


Be  it  enacted,  etc.,  as  follows : — 

Section  1.  The  board  of  aldermen  of  the  city  of 
Springfield  shall  consist  of  one  citizen  of  each  ward, 
elected  at  large  by  the  qualified  voters  of  the  city  voting 
in  their  respective  precincts,  and  the  candidate  from 
each  ward  who  has  the  highest  number  of  votes  shall 
be  declared  elected.* 

Sect.  2.  All  parts  of  the  charter  of  the  city  of 
Springfield  or  amendments  thereto  inconsistent  here- 
with are  hereby  repealed. 

Sect.  3.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  qualified  voters  of  the  city  of 
Springfield,  present  and  voting  in  their  respective  pre- 
cincts, at  the  next  municipal  election  following  the 
passage  of  this  act.  Approved,  March  11,  1885. 


*  Members  of  board  of  aldermen  to  serve  for  two  years,  Acts  of  liK)l, 
ch.  147. 

Note. — Accepted  at  the  municipal  election  held  December  8,  1885. 


AMENDMENTS    TO    CHARTER. 


39 


ACTS  OF  1901.     CHAPTER  147. 

AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  SPRING- 
FIELD RELATIVE  TO  THE    ELECTION  OF 
ALDERMEN  AND  COUNCILMEN. 


Section. 

1.  Members  of  board  of  aldermen 

to  be  elected  for  terms  of  two 
years,  alternately. 

2.  Common  council,    elected    for 

two  years ;  manner  of  election. 


Section. 

3.  Repeal. 

4.  Act  to  take  effect   when    ac- 

cepted. 


Be  it  enacted,  etc.,  as  folloivs  : — 

Section  1.  The  board  of  aldermen  of  the  city  of  Board  of  aider- 
Springfield  shall  consist  of  one  citizen  of  each  ward  ™«» «*«<'^«<^- 
elected  at  large  by  the  qualified  voters  of  the  city, 
voting  in  their  respective  precincts  as  at  present  pro- 
vided, and  the  candidate  from  each  ward  who  receives 
the  highest  number  of  votes  shall  be  declared  elected. 
The  aldermen  hereafter  elected  shall  serve  for  terms  Termof  two  years, 
of  two  years,  except  as  hereinafter  provided,  from  the 
first  Monday  in  January  succeeding  the  annual  munic- 
ipal election  at  which  they  are  chosen.  At  the  annual 
municipal  election  held  next  after  this  act  takes  effect 
aldermen  from  wards  one,  three,  five,  and  seven  shall 
be  elected  for  terms  of  two  years,  and  those  from 
wards  two,  four,  six,  and  eight  for  terms  of  one  year  ; 
and  thereafter  four  aldermen  shall  be  chosen  at  each 
annual  municipal  election,  according  as  the  terms  of 
the  several  aldermen  expire,  the  aldermen  from  wards 
one,  three,  five,  and  seven  and  the  aldermen  from 
wards  two,  four,  six,  and  eight,  respectively,  being 
elected  in  alternate  years. 

Sect.  2.  The  common  council  of  the  city  of  Spring-  common  council, 
field  shall  consist  of  eighteen  members,  apportioned 
among  the  several  wards  according  to  the  provisions 
of  the  charter,  and  shall  be  elected  from  and  by  each 
ward,  and  shall  be  residents  of  the  wards  from  which 
they  are  elected.  The  common  councilmen  hereafter 
elected  shall  serve  for  terms  of  two  years,  except  as 
hereinafter  provided,  from  the  first  Monday  in  Janu- 
ary succeeding  the  annual  municipal  election  at  which 


Elected  in  alter- 
nate years. 


Term  of  two  years. 


40 


AMENDMENTS    TO    CHARTER. 


Manner  of 
electioa. 


Repeal. 


When  to  take 
elTect. 


they  are  chosen.  At  the  annual  municipal  election 
held  next  after  this  act  takes  effect,  in  each  ward  which 
is  entitled  to  two  common  councilmen  the  candidate 
receiving  the  highest  number  of  votes  cast  for  the 
office  of  common  councilman  shall  be  declared  elected 
for  the  term  of  two  years,  and  the  candidate  receiving 
the  next  highest  number  of  votes  shall  be  declared 
elected  for  the  term  of  one  year.  In  each  ward  which 
is  entitled  to  three  common  councilmen  the  two  candi- 
dates receiving  respectively  the  highest  and  next  to 
the  highest  number  of  votes  cast  for  that  office  shall 
be  declared  elected  for  terms  of  two  years,  and  the 
candidate  receiving  the  next  highest  number  of  votes 
shall  be  declared  elected  for  the  term  of  one  year.  At 
each  annual  municipal  election  thereafter  one  common 
councilman  shall  be  elected  in  each  ward  entitled  to 
two  common  councilmen,  and  one  or  two  common 
councilmen  shall  be  elected  in  each  ward  entitled  to 
three  common  councilmen,  according  as  the  terms  of 
the  several  common  councilmen  expire. 

Sect.  3.  All  parts  of  the  charter  of  the  city  of 
Springfield  and  amendments  thereto  inconsistent  here- 
with are  hereby  repealed. 

Sect.  4.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  qualified  voters  of  the  city 
of  Springfield  present  and  voting  in  their  respective 
precincts  at  the  next  municipal  election  following  the 
passage  of  this  act.  Approved,  March  IS,  1901. 


Note. — Accepted  at  the  municipal  election  held  Dec.  3,  1901. 


SPECIAL  STATUTES. 


ACTS  OF  18G1.    CHAPTER  151. 

AN    ACT    REGULATING    THE    CONSTRUCTION    OF    WOODEN 
BUILDINGS    IN    THE    CITY    OF    SPRINGFIELD. 


Section.  I   Section. 


1.    City  council  to  make  regula- 
tions, etc. 


2.  Violations  of  ordinances,  etc. 
Power  of  mayor  and  alder- 
men.    Proviso. 


Be  it  enacted,  etc.,  as  follows  :  — 

Section  1.     The  city  council  of  the  city  of  Spring-  citv  council  to 

•'  J  r        o      make  regulations, 

field  are  hereby  authorized  and  empowered  to  make  all  etc. 
such  regulations,  ordinances,  and  by-laws,  as  they 
may  deem  expedient  concerning  the  erection,  con- 
struction, and  placing  of  wooden  buildings  within  the 
limits  of  said  city,  for  protection  against  fire,  to  estab- 
lish districts  within  which  wooden  buildings,  except  of 
a  prescribed  size,  shall  not  be  erected,  and  to  prescribe 
such  penalties  as  they  deem  proper,  for  the  violation  of 
any  such  regulations,  ordinances,  or  by-laws. 

Sect.    2.     Any    building    hereafter    erected,   con-  Jrdinanc°i°etc. 
structed  or  placed  contrary  to  the  provisions  of  such 
by-laws,  ordinances,  or  regulations,  shall  be  deemed 
and  taken  to  be  a  common  nuisance  ;  and  the  mayor 
and  aldermen  shall  have  the  like  power  and  authority  fn^lfde'rmen?'^ 
to  abate  and  remove  the  same,  as  is  given  to  the  board 
of  health  in  the  eighth,  ninth,  and  tenth  sections  of  the 
twenty- sixth  chapter  of  the  General  Statutes  :    Pro-  ProvUo. 
vided,  that  nothing  in  this  section  shall  be  construed  as 
affecting  any  remedy  already  given  in  the  preceding 
section.  Approved,  April  6, 1861, 


42 


SPECIAL    STATUTES. 


ACTS  OF  1863.     CHAPTER  107. 


AN    ACT    AUTHORIZING    THE    CITY    OF    SPRINGFIELD    TO 
CONSTRUCT  CERTAIN  DRAINS. 


Section. 


1. 


May   construct  not   exceeding 

three,  from  Garden  brook  to 

Connecticut  river. 
Expense,  how  ascertained  and 

divided. 
Aggrieved  parties  may  apply 

for  jury.     Cost   of    hearing, 

how  paid. 
Expenses  to  be  borne  by  estate 


Section. 


6. 


owners,  to  be  assessed  in  two 
months  after  adjustment. 
Assessments  to  constitute 
lien  upon  estate. 

Landlord  and  tenant.  Assess- 
ors to  determine  division  of 
assessment. 

Drains  to  be  held  as  property 
of  city. 


May  construct 
not  exceeding 
three,  from 
Garden  brook  to 
Connecticut  river. 


Upon  completion 
city  council  to 
determine  division 
of  expense  with 
land  owners. 


Proviso. 


Notice  to  be  pub- 
lished. 


Aggrieved  parties 
may  apply  for 
jury. 


Manner  of  appli- 
■cation  and 
proceedings. 


Be  it  enacted,  etc.,  as  follows :  — 

Section  1 .  The  city  council  of  the  city  of  Springfield 
is  hereby  authorized  to  construct  one  or  more,  but  not 
exceeding  three  drains,  leading  from  suitable  points  on 
Garden  brook,  in  the  central  part  of  the  city,  to  the 
Connecticut  river,  for  the  purpose  of  protecting  private 
property  and  the  streets  of  the  city,  from  damage  by 
water  during  seasons  of  freshet. 

Sect.  2.  After  the  completion  of  any  drain  con- 
structed under  the  provisions  of  this  act,  the  city  coun- 
cil shall,  with  the  assistance  of  a  competent  engineer, 
ascertain  and  determine  the  extent  of  territory  bene- 
fited thereby,  and  what  portion  of  the  expense  thereof 
shall  be  borne  by  the  city,  and  what  portion  by  the 
owners  of  real  estate,  but  not  less  than  one-third  part 
of  the  cost  shall  be  borne  by  the  city.  A  notice  of  such 
determination  shall  be  published  for  two  weeks  suc- 
cessively, in  the  newspaper  having  the  largest  circula- 
tion in  the  city. 

Sect.  3.  Any  person  aggrieved  by  the  determina- 
tion of  the  city  council,  either  as  to  the  division  of 
expense  between  the  city  and  the  owners  of  real  estate, 
or  as  to  the  extent  of  territory  over  which  it  is  proposed 
to  distribute  that  part  of  the  expense  to  be  assessed 
upon  owners  of  real  estate  benefited,  may,  at  any  time 
within  two  months  after  the  publication  of  the  notice 
aforesaid,  apply  for  a  jury.  Such  application  shall  be 
made  in  like  manner,  and  the  proceedings  thereon  shall 


SPECIAL    STATUTES.  43 

be  the  same  as  in  the  case  of  a  jury  called  to  act  upon 
the  laying  out  and  discontinuance  of  highways  :  Pro- 
vided, that,  upon  making  his  application,  the  party  shall 
give  two  weeks'  notice  in  writing  to  the  mayor  and 
aldermen,  of  his  intention  so  to  apply,  and  shall  therein 
particularly  specify  his  objections  to  the  proposed  divis- 
ion of  expense,  and  to  the  extent  of  territory  over  which 
a  portion  of  the  expense  is  to  be  assessed  ;  to  which 
specification  he  shall  be  confined  upon  the  hearing 
before  the  jury. 

If  upon  the  hearing  the  objections  to  said  determi-  cost  of  hearing, 
nation  are  not  sustained,  the  charges  arising  on  such 
application  shall  be  paid  by  the  applicant,  or  person 
recpgnizing  therefor;  otherwise  they  shall  be  paid  by  objections  being 

,,  ..  in-j^  •!  -^  ^    j_  sustained,  council 

the  City,  and  the  city  council  may,  it  necessary,  deter-  may  determine 
mine  anew  the  division  of  expense  and  the  extent  of  ^"^^' 
territory  benefited  by  said  drainage.    Any  person  who  Failure  to  apply 

1       i.     i.  1  T       i.-  £  •  r.  •  for  jury  to  bar 

neglects  to  make  application  for  a  ]ury,  as  herein  pro-  right  of  appeal 
vided,  shall  be  concluded  by  such  determination  of  the 
city  council,  and  shall  not  be  entitled  to  recover,  by  an 
action  at  law  or  otherwise,  the  amount  of  the  assess- 
ment collected  of  him. 

Sect.  4.    After  two  months  from  the  final  determi-  Expenses  to  be 

-     ,  .  .,  ,         ,.     .    .  „  borne  by  estate, 

nation  of  the  city  council,  as  to  the  division  of  expense  owners  to  be 

,.  Ill  •    •  p     ^   •       assessed  in  two 

or  any  drain  constructed  under  the  provision  of  this  months  after 
act,  and  the  extent  of  territory  benefited  thereby,  that 
portion  of  the  expense  of  said  drain  which  is  to  be 
borne  by  the  owners  of  real  estate  within  the  district 
adjudged  to  be  benefited,  shall  be  equitably  and  ratably 
assessed  upon  such  owners  by  the  board  of  assessors  of 
the  city,  and  shall  be  collected  by  the  city  collector* 
The  assessments  so  made  shall  constitute  a  lien  upon  Assessments  to 
the  real  estate  assessed,  in  the  same  manner  as  taxes  upon  es"tate!^° 
are  a  lien  upon  real  estate,  and  shall  be  collected  in  the 
manner  provided   by  chapter  twelve  of  the  General 
Statutes  for  the  collection  of  taxes.     But  any  person  Aggrieved  party 
aggrieved  by  the  amount  assessed  to  him  shall  be  enti-  ^^^^  **^^  remedy, 
tied  to  the  remedies  provided  in  sections  forty-three, 
forty-four,  and  forty-five  of  chapter  eleven  of  the  Gen- 
eral Statutes.* 

Sect.  5.     When  any  real  estate  to  be  assessed  under  Jf,"ant '^  ^"'^ 
the  provisions  of  this  act  is  held  by  a  tenant  for  life  or 
years,  the  assessors  shall  determine  how  much  shall  be  Assessors  to  de- 
assessed  to  the  tenant,  and  how  much  to  the  landlord  of'aasessm'ent!"" 
or  reversioner,  and  shall  assess  the  same  accordingly. 

*  K.  L.,  ch.  12,  sects.  73-84. 


44 


Drains  to  be  held 
as  property  of 
city. 


SPECIAL   STATUTES. 

Sect.  6.  Any  drain  constructed  under  the  provision 
of  this  act  shall  be  held  to  be  the  property  of  the  city 
of  Springfield,  to  be  used,  controlled,  maintained,  and 
repaired  in  the  same  manner  as  drains  constructed 
wholly  at  the  expense  of  the  city. 

Sect.  7.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  21^,  1863. 


ACTS  OF  18G3.    CHAPTER  192. 

AN  act  concerning  SIDEWALKS  IN  THE  CITY  OF  SPRING- 
FIELD. 


City  council  may 
(lesit'nate  limits 
and  localities. 


Removal  of  snow 
and  ice. 


Construction  and 
alterations,  coun- 
cil may  determine, 


Section . 

1 .     City  council  may  designate  lim- 


its and  localities, 
of  snow  and  ice. 


Removal 


Section. 

2.    Construction    and   alterations, 
council  may  determine. 


Be  it  enacted,  etc.,  as  follows  : — 

Section  1.  The  city  council  of  the  city  of  Spring- 
field may  by  joint  resolution  set  apart  such  portion  of 
the  public  streets  within  its  limits,  as  sidewalks,  for 
the  accommodation  of  foot  passengers,  as  public  con- 
venience requires  ;  and  may,  by  ordinance  or  by-law, 
compel  owners  or  occupants  of  abutting  lands  to  re- 
move the  snow  and  ice  from  such  sidewalk  in  front  of 
their  land. 

Sect.  2.  The  exercise  of  the  power  given  in  the 
preceding  section  shall  not  prevent  the  said  city  coun- 
cil from  making  any  alteration  in  such  sidewalks  or 
from  compelling  the  owners  of  abutting  lands  to  con- 
struct said  sidewalks  of  such  materials  as  the  public 
good  requires.  Approved,  April  27,  1863. 


SPECIAL   STATUTES. 


45 


ACTS  OF  1863.    CHAPTER  204. 

AN  ACT  CONCERNING  THE  RE-LOCATION  OF  STREETS  AND 
WAYS  IN  THE  CITY  OF  SPRINGFIELD. 


Section. 

I.     City  council  may  locate  anew. 


Section. 

2.     Damages,  how  estimated  and 
paid. 


Be  it  enacted,  etc.,  as  follows  : — 

Section  1.  When  the  city  council  of  the  city  of 
Springfield  deem  it  necessary  to  locate  anew  a  street 
or  way  in  said  city,  either  for  the  purpose  of  establish- 
ing the  boundary  lines  of  such  street  or  way,  erecting 
monuments  thereon,  or  of  making  alterations  in  the 
course  or  width  thereof,  they  may  so  locate  such  street 
or  way,  giving  notice,  and  proceeding  in  the  manner 
prescribed  by  law  for  laying  out  and  establishing 
streets  or  ways  in  said  city. 

Sect.  2.  Any  person  sustaining  damages  in  his 
property  by  the  location  of  a  street  or  way,  as  provided 
in  the  preceding  section,  shall  have  his  compensation 
ascertained  and  paid  in  accordance  with  the  provisions 
of  the  General  Statutes  in  respect  to  the  laying  out, 
altering,  and  discontinuing  of  streets  and  ways. 

Approved,  April  28, 1863.* 


City  council  may 
locate  anew. 


Damage  to  be  esti- 
mated and  paid. 


*  See  Acts  of  1866,  ch.  174,  page  48  post ;  1867,  chap.  94,  page  51  post ; 
1872,  ch.  334,  and  Revised  Ordinances,  ch.  34. 


46 


SPECIAL    STATUTES. 


ACTS  OF  1864.    CHAPTER  142. 

AN  ACT  TO  INCORPORATE  THE  CITY  LIBRARY  ASSOCIATION 
OF  SPRINGFIELD. 


Corporators. 


Name. 


Privileges. 


Estate,  real  and 
personal. 


Transfer  of  prop- 
erty. 


Section. 

1.  Corporators  ;  name  ;  privileges. 

2.  Estate,  real  and  personal. 

3.  Transfer  of  property.  Rules  and 


Section. 

regulations.    Grants  and  be- 
quests. 
4.     City  may  aid  corporation  while 
citizens  have  free  access. 


Be  it  enacted,  etc.,  as  follows : — 

Section  1.  John  L.  King,  Chester  W.  Chapin, 
George  Bliss,  James  M.  Thompson,  Ephraim  W,  Bond,, 
and  Homer  Foot,  and  all  persons  who  are  now  life 
members  of  the  present  City  Library  Association  of 
Springfield,  and  their  successors,  are  hereby  made  a 
corporation  by  the  name  of  "The  City  Library  Asso- 
ciation of  Springfield,"  for  the  purpose  of  establishing 
and  maintaining  a  social  library,  and  a  museum  of 
natural  history  and  art,  and  for  the  diffusion  of  knowl- 
edge, and  the  promotion  of  intellectual  improvement 
in  the  city  of  Springfield  ;  with  all  the  powers  and 
privileges,  and  subject  to  all  the  duties  and  liabilities 
set  forth  in  the  general  laws  which  now  are  or  may 
hereafter  be  in  force  concerning  corporations,  so  far 
as  applicable. 

Sect.  2.  The  said  corporation  may  take  and  hold 
real  and  personal  estate,  to  an  amount  not  exceeding 
one  hundred  and  fifty  thousand  dollars,  exclusive  of 
books  in  its  library,  and  collections  of  natural  history 
and  works  of  art  in  its  museum.* 

Sect.  3.  All  the  property  now  owned  by,  or  which 
may  accrue  to,  the  present  City  Library  Association  of 
Springfield,  may  be  by  it  transferred  to  the  corporation 
hereby  created.  And  the  said  corporation  may  take- 
and  shall  hold  the  same,  and  all  real  and  personal  estate, 
and  all  moneys,  books,  pamphlets,  curiosities,  objects 
of  art,  and  natural  history,  which  shall  from  time  to 
time  be  conveyed  or  given  to  it  in  any  form,  or  be  pur- 
chased by  it,  in  trust,  for  all  the  uses  and  purposes 


•  Increased  to  $600,000,  Acts  of  1901,  ch.  95. 
Acts  of  1902,  ch.  155. 


Increased  to  $1,500,000,. 


SPECIAL    STATUTES.  47 

proper  and  appropriate  for  a  public  and  social  library 
and  museum,  the  same  to  be  used  and  enjoyed  by  the 
inhabitants  of  Springfield,  under  such  regulations,  ,^"10^"*^  '^^" 
and  upon  such  terms,  and  for  such  compensation  as 
may  from  time  to  time  be  prescribed  by  the  by-laws  of 
the  corporation.  And  any  grants,  donations,  or  bequests  Grants  and  be- 
made  to  it,  shall  be  held  and  used  under  and  in  pursu- 
ance of  any  conditions  or  rules  prescribed  in  such 
grants,  donations,  or  bequests.  And  any  bequests  or 
devises  to  the  present  City  Library  Association,  and 
contained  in  any  will  made  before  this  act  shall  take 
effect,  shall  inure  to,  and  be  enjoyed  by,  said  corpora- 
tion. 

Sect.  4.*  So  long  as  said  corporation  shall  allow  the  city  may  aid  cor- 

.  .  *^  ^  poration  while 

mhabitants  of  the  city  of  Springfield  free  access  to  its  citizens  have  free 

,  ,     ,  access. 

library  at  reasonable  hours  for  the  purpose  of  using  the 
same  on  the  premises,  said  city  may  appropriate  and 
pay  annually  towards  defraying  the  expenses  of  main- 
taining said  library,  a  sum  not  exceeding  fifty  cents  for 
each  of  its  ratable  polls,  in  the  year  next  preceding 
that  in  which  said  appropriation  is  made. 

Approved,  April  8,  186^. 

.  ♦Sect.  4  amended,  Acts  of  1902,  ch.  155. 


48 


SPECIAL    STATUTES. 


ACTS  OF  1866.    CHAPTER  174. 

AN  ACT  CONCERNING  THE  LAYING  OUT,  ALTERING,  WIDEN- 
ING, AND  IMPROVING  THE  STREETS  OF  BOSTON.* 


Section. 

1.  Board  of  aldermen  to  have  full 

power. 

2.  Estimate  of  expense  to  include 

damages  sustained  by  per- 
sons, including  land  and 
buildings. 

3.  Damages  how  paid. 

4.  Buildings  and  materials  to  be 

removed  by  owner  ;  or,  upon 
failure,  by  board  of  alder- 
men, who  may  sell. 

5.  Benefit  accruing  to  abutting  es- 


Section. 


10. 


tate,  board  may  decide  value 
and  assess  portion  of  expense. 

Assessments  to  constitute  a 
lien. 

Party  aggrieved  may  apply  for 
a  jury. 

Abutter  objecting  to  assess- 
ment may  surrender  estate, 
with  approval  of  aldermen. 
City  may  sell  surplus  prop- 
erty. 

Term  "  street "  defined. 

Construction  of  act. 


Board  of  aldermen 
to  have  full  power. 


Estimate  of  ex- 
pense, what  to 


Be  it  enacted,  etc.,  as  follows :  — 

Section  1.  The  board  of  aldermen  of  the  city  of 
Boston  shall  continue  to  have  full  power  and  authority 
to  lay  out,  widen,  discontinue,  change  the  grade  of,  or 
otherwise  alter  any  street  within  said  city,  and  for 
these  purposes  may  take  any  land,  and  may  remove 
the  whole  or  part  of  any  building,  which  in  their  judg- 
ment it  may  be  necessary  to  take  and  remove,  and  may 
assess  upon  the  estates  abutting  on  any  street  which 
may  be  laid  out,  such  portion  of  the  expense  of  such 
laying  out,  widening,  discontinuance,  change  of  grade 
or  other  alteration,  including  all  damages  sustained  by 
any  person  or  persons  thereby,  as  is  hereinafter  pro- 
vided ;  and  their  determination  so  to  do  shall  be  adju- 
dicated in  the  same  manner,  and  upon  like  notice  to 
parties  interested,  as  is  provided  by  law  in  other  cases 
of  laying  out,  widening,  discontinuance,  change  of 
grade,  or  other  alteration  of  streets. 

Sect.  2.  In  making  an  estimate  of  the  expense,  for 
said  purposes  for  which  an  assessment  as  herein  pro- 
vided is  to  be  laid,  all  damages  sustained  by  any  person 
or  persons  shall  be  estimated,  including  damages  for 
land  and  buildings  taken,  and  including  the  value  of 

*  For  act  extending  provisions  of  this  act  to  Springfield,  see  Acts  of 
1867,  ch.  94,  page  61  post.  Such  portions  of  this  act  as  have  not  been 
repealed  are  now  incorporated  in  R.  L.,  ch.  48,  sect.  16,  and  ch.  60. 


SPECIAL    STATUTES.  49 

the  whole  of  the  buildings  on  the  land,  any  part  of 
which  shall  be  so  taken,  deducting  therefrom,  however, 
the  value  of  the  materials  to  be  removed,  and  of  the 
buildings  or  parts  of  buildings,  if  any,  which  will 
remain  standing :  and  in  estimating  the  value  of  the  yai«e  of  ian«>. 
land  cut  off  for  said  purposes,  the  land  so  cut  off  shall 
be  estimated  at  its  value  before  the  laying  out,  widen- 
ing, discontinuance,  change  of  grade,  or  other  altera- 
tion, and  such  estimate  shall  not  include  the  increased 
value  occasioned  merely  by  such  laying  out,  widening, 
discontinuance,  change  of  grade,  or  other  alteration. 

Sect.  3.  The  damages  estimated  according  to  the  Damages,  how 
preceding  section  shall  be  paid  to  the  persons  entitled 
thereto,  in  the  same  manner,  and  upon  the  same  con- 
ditions, as  is  provided  by  law  in  other  cases  of  laying 
out,  widening,  discontinuance,  change  of  grade,  or 
other  alteration  of  streets. 

Sect.  4.     Buildings  and  materials  remaining  upon  ?""^l°^b  *re  ™*' 
the  land  under  the  adiudication  provided  in  section  moved  by  owner; 

<•!!  t  f  i*''^'  upon  failure, 

two,  shall  be  taken  care  of  by  the  owner  thereof  :  and  by  board  of  awer- 

•  p  t  p  1  •         t  -Ti  i/.'i-i  men,  who  may 

if  such  owner,  after  due  notice  by  said  board  of  alder-  sen. 
men,  neglects  or  fails  so  to  do,  said  board  of  aldermen 
may  take  such  care  of  the  same  as  the  public  safety 
demands,  at  the  expense  of  the  owner,  and  if  they  shall 
adjudge  a  removal  thereof  to  be  necessary  for  the  pub- 
lic security  or  necessity,  they  may  remove  the  same 
at  the  expense  of  the  owner,  or  they  may  sell  the  same 
after  five  days'  notice,  at  public  auction,  and  hold  the 
net  proceeds  of  such  sale  for  the  benefit  of  the  owner. 

Sect.  5.     Whenever  in  the  opinion  of  the  board  of  Benefit  accruing 
aldermen  any   estate  abutting  on  any  street  which  boa^d^may^d^ecw^' 
may  be  laid  out,  widened,  discontinued,  graded,   or  portforo'f  ex-*** 
altered  by  said  board  under  this  act,  including  the  p®°*®" 
estate  so  cut  off,  shall  receive  any  benefit  and  advan- 
tage from  such  laying  out,  widening,  discontinuance, 
change  of  grade,   or  other  alteration,  then  the  said 
board  may  adjudge  and  determine  the  value  of  such 
benefit  and  advantage  to  any  such  estate,  and  may 
assess  upon  the  same  a  portion  of  the  expense  of  any 
such  laying  out,  widening,  discontinuance,  change  of 
grade,  or  other  alteration,  including  the  damages  men- 
tioned in  the  second  section  of  this  act,  but  not  exceed- 
ing in  amount  one  half  the  amount  of  such  adjudged 
benefit  and  advantage. 

Sect.  6.    All  assessments  made  under  this  act  shall  Aasessments  to 
constitute  a  lien  upon  the  real  estate  so  assessed,  to  be  ^°''^*""^«  *  "'®'*' 


50 


SPECIAL   STATUTES. 


Upon  notice  to 
aldermen,  asscas- 
meiit  may  be 
apportioned  into 
tnree  parts. 


Party  aggrieved 
may  have  jury. 


Party  aggrieved 
under  8th  section 
may  have  jury. 


Abutter  object- 
ing to  assessment 
may  surrender 
estate  with  ap- 
proval of  alder- 
men. 


City  may  sell  sur- 
plus property. 


enforced  in  the  same  manner,  with  like  charges  for 
costs  and  interest,  as  is  provided  by  law  for  the  collec- 
tion of  taxes.  And  if  the  owner  of  any  estate  so 
assessed  desires  to  have  the  amount  of  said  assessment 
apportioned,  he  shall  give  notice  thereof  in  writing  to 
the  board  of  aldermen,  at  any  time  before  a  demand  is 
made  upon  him  for  the  payment  thereof ;  and  said 
board  shall  thereupon  apportion  the  said  amount  into 
three  equal  parts,  which  apportionment  shall  be  certi- 
fied to  the  assessors,  and  the  said  assessors  shall  add 
one  of  said  equal  parts  to  the  annual  tax  of  said  estate 
each  year  for  the  three  years  next  ensuing. 

Sect.  7.  Any  party  aggrieved  by  the  doings  of  the 
board  of  aldermen,  under  this  act,  shall  have  the  like 
remedy  by  petition,  for  a  jury  or  otherwise,  and  with 
the  same  limitations  as  to  the  time  of  bringing  such 
petition,  as  in  other  cases  of  laying  out,  widening,  dis- 
continuance, change  of  grade,  or  other  alteration  of 
streets  in  the  county  of  Suffolk.  And  any  person 
aggrieved  by  the  estimate  made  by  the  board  of  alder- 
men, under  the  eighth  section  of  this  act,  may  have  the 
same  assessed  by  a  jury  in  the  same  manner  as  dam- 
ages for  the  taking  of  land  for  streets  and  highways 
may  be  assessed. 

Sect.  8.  Any  person  owning  any  estate  abutting  on 
any  street  which  may  be  laid  out,  widened,  discon- 
tinued, graded,  or  altered,  and  liable  to  assessment 
under  this  act,  may,  at  any  time  before  the  estimate  of 
damages  is  made  under  the  second  section  of  this  act, 
give  notice  in  writing  to  said  board  of  aldermen  that  he 
objects  to  such  assessment,  and  elects  to  surrender  his 
said  estate  to  the  city  of  Boston,  and  if  said  board  of 
aldermen  shall  then  adjudge  that  public  convenience 
and  necessity  require  the  taking  of  such  estate,  that 
such  improvements  may  be  made,  they  shall  have  full 
authority,  and  may  take  the  whole  of  the  abutting 
estate  of  such  person  so  objecting,  and  shall  thereupon 
estimate  the  value  thereof  with  all  the  improvements 
thereon,  excluding  the  benefit  or  advantage  which  has 
accrued  from  the  said  laying  out,  widening,  discontin- 
uance, change  of  grade,  or  other  alteration  ;  and  the 
said  owner  shall  convey  the  same  to  the  said  city,  and 
the  said  city  shall  pay  him  therefor  the  value  so  esti- 
mated. Said  city  may  sell  all  the  building  materials 
and  buildings,  and  the  remaining  portion  of  said  estate 
not  used  in  said  widening,  grading,  and  improvements, 


SPECIAL   STATUTES. 

and  apply  the  net  proceeds  thereof  towards  the  esti- 
mated value  paid  as  aforesaid. 

Sect.  9.  The  term  ''street"  in  this  act  shall  be 
construed  to  include  highways,  town  ways,  courts, 
lanes,  and  alleys. 

Sect.  10.  This  act  shall  not  be  construed  as  repeal- 
ing any  existing  laws  relating  to  the  laying  out,  widen- 
ing, discontinuance,  change  of  grade,  or  other  altera- 
tion of  streets  and  highways. 

Approved,  April  23,  1866. 


51 


Term  "  street " 
defined. 


Construction  of 

act. 


ACTS  OF  1867.     CHAPTER  94. 

AN  ACT  CONCERNING  THE  LAYING  OUT,  ALTERING,  WIDEN- 
ING, AND  IMPROVING  THE  STREETS  OF  SPRINGFIELD. 


Section. 

1.    Act  of  1866,  concerning  streets 

in     Boston,     extended      to 

Springfield. 


Section. 

2.    Shall  apply  when  accepted  by 
two-thirds  of  the  city  counciL 


Be  it  enacted,  etc.,  as  follows : — 

Section  1.    The  provisions  of  chapter  one  hundred  Act  of  isee  con- 
and  seventy-four  of  the  acts  of  the  year  eighteen  hun-  Boston,  extended 
dred  and  sixty-six,  entitled,  "An  act  concerning  the       ^""^ 
laying    out,    altering,  widening,  and    improving  the 
streets  of  Boston,"  are  hereby  extended  and  made  ap- 
plicable to  the  city  of  Springfield.*  '    , 

Sect.  2.  This  act  shall  take  effect  whenever  the 
same  is  accepted  by  the  city  council  of  said  city  of 
Springfield,  by  a  two-thirds  vote  of  each  branch  thereof. 

Approved,  March  23,  1867. 

*  Ch.  174  of  Acts  of  1866  referred  to,  will  be  found  ante,  page  48. 

Note. — ^The  foregoing  act  was  accepted  by  the  city  council  by  a  two- 
thirds  vote  of  each  branch  thereof,  June  17,  1867.  This  act  is  partially 
superseded  by  ch.  334  of  Acts  of  1872,  embodied  in  Revised  Ordinances, 
chapter  34,  post. 


Shall  apply  when 
accepted  by  two- 
thirds  of  city 
council. 


52 


SPECIAL    STATUTES. 


ACTS  OF  1873.     CHAPTER  243. 

AN   ACT   FOR   THE  PREVENTION  OF  FIRES  IN  CITIES    AND 

TOWNS. 


Section. 

1.  Cities    may    regulate  the  con- 

struction of  buildings. 

2.  Ordinances  may  be  operative 

upon   the  whole  or  part  of 
city. 


Section. 

3.  Court    may    issue    injunction 

to  restrain  erection,  etc.,  of 
building  contrary  to  ordi- 
nance. 

4.  Act  subject  to  adoption.    Not 

to  apply  to  Boston. 


Cities  may  regu- 
late the  construc- 
tion of  buildings. 


Ordinances  may 
be  in  operation 
upon  whole  or 
part  of  city. 


Court  may  issue 
injunction  to 
restrain  erection^ 
etc.,  of  building 
contrary  to 
ordinance. 


Subject  to 
adoption. 


Be  it  enacted,  etc.,  as  follows : — 

Section  1.  Cities  and  towns  may,  by  ordinances 
and  by-laws  not  repugnant  to  the  laws  of  the  Common- 
wealth, prescribe  rules  and  regulations  for  the  inspec- 
tion, materials,  construction,  alteration,  and  safe  use  of 
buildings  and  structures  within  their  respective  limits 
not  owned  or  occupied  by  the  United  States,  or  the 
Commonwealth,  and  excepting  bridges,  quays,  and 
wharves,  for  the  purpose  of  securing  the  prevention  of 
fire,  and  the  preservation  of  life  ;  and  may  prescribe 
penalties  not  exceeding  one  hundred  dollars  for  each 
and  every  violation  of  any  provision  of  such  ordi- 
nances or  by-laws. 

Sect.  2.  Such  ordinances  and  by-laws  may  be  made 
operative  upon  and  within  the  whole  territory  of  any 
city  or  town,  or  upon  and  within  any  prescribed  and 
defined  district  or  districts  of  such  territory. 

Sect.  3.  The  Supreme  Judicial  Court,  or  any  justice 
thereof,  in  term  time  or  vacation,  may.  by  injunction 
or  other  suitable  process  in  equity,  restrain  any  person 
or  corporation  from  constructing,  altering,  maintain- 
ing, or  using  any  building  or  structure  contrary  to  or 
in  violation  of  any  lawful  ordinance  or  by-law  made 
under  or  by  virtue  of  this  act,  and  may  order  and 
enforce  the  removal  or  abatement  as  a  nuisance, 
of  any  building  or  structure,  constructed,  altered, 
maintained,  or  used  in  violation  of  such  ordinance  or 
by-law. 

Sect.  4.  This  act  shall  not  be  in  force  in  any  city 
or  town  unless  the  city  council,  or  the  inhabitants  of 


SPECIAL    STATUTES.  53 

the  town,  shall  by  legal  vote  decide  to  adopt  the  same,  Not  to  apply  to 
and  it  shall  not  apply  to  the  city  of  Boston. 

Sect.  5.     This  act  shall  take  effect  upon  its  passage. 

Approved,  April  23,  1372. 
Note. — This  act  was  adopted  by  the  city  council,  May  27,  1872. 


ACTS  OF  1878.     CHAPTER  97. 

AN  ACT  RELATIVE  TO  THE  BOARD  OF  OVERSEERS  OF  THE 
POOR  OF  THE  CITY  OF  SPRINGFIELD. 


SectioD . 

1.    City  Physician  to  be  one  of  the  overseers  of  the  poor. 


Be  it  enacted^  etc.,  as  follows  : — 

Section  1.     The  city  physician  of  the  city  of  Spring-  ^'^nWlhe"  '"^ 
field  shall  be,  ex  officio,  a  member  of  the  board   of  °^«^«"«ft'^« 
overseers  of  the  poor  of  said  city,  and  shall  be  duly 
sworn  to  the  faithful  discharge  of  his  duties  as  such 
member. 

Sect.  2.    This  act  shall  take  effect  upon  its  passage. 

Appi^oved,  March  29,  1878. 


64 


SPECIAL   STATUTES. 


ACTS  OF  1880.    CHAPTER  30. 

AN  ACT  RELATING  TO  THE  BOARD  OF  WATER  COMMISSION- 
ERS OF  THE  CITY  OF  SPRINGFIELD. 


Section. 

1.  Board  of  water  commissioners 

of  Springfield  abolished. 

2.  New  board  of   water  commis- 

sioners established ;  one 
member  to  be  elected  an- 
nually in  January ;  vacancy  ; 
proviso. 


Section. 

3.  Clerk  of  the  board. 

4.  Mode  of  collecting  water  rents 

may  be  prescribed  by   city 
ordinance. 

5.  Repeal. 

6.  Subject  to  acceptance  by  city 

council. 


Board  of  water 
commissioners  of 
Springfield 
abolistied. 


New  board  of 
water  com- 
missioners 
established. 


One  member  to  be 
elected  annually 
in  January. 


Vacancy. 
Proviso. 


Be  it  enacted,  etc.,  as  follows : — 

Section  1.  The  board  of  water  commissioners  of 
the  city  of  Springfield,  established  by  chapter  three 
hundred  and  forty-five  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-two,  and  chapter 
seventy-five  of  the  acts  of  the  year  eighteen  hundred 
and  seventy-three  in  amendment  thereof,  is  hereby 
abolished. 

Sect.  3.  As  soon  as  practicable  after  the  passage 
of  this  act,  the  city  council  of  said  city  shall  elect  by 
ballot  in  joint  convention  two  citizens  thereof,  one 
for  the  term  of  one  year,  and  one  for  the  term  of  two 
years,  from  February  first  in  the  year  eighteen  hun- 
dred and  eighty,  as  water  commissioners,  who,  with 
the  mayor  as  an  ex  officio  member,  shall  constitute 
the  board  of  water  commissioners  of  said  city  of 
Springfield,  with  all  the  rights,  powers,  and  duties  of 
the  board  abolished  by  this  act,  except  as  hereinafter 
provided.  And  hereafter  said  city  council  shall 
annually  in  the  month  of  January  elect  by  ballot  in 
joint  convention  one  citizen  as  a  member  of  said  board 
for  the  term  of  two  years  from  the  succeeding  first  day 
of  February.  In  case  any  citizen  so  elected  shall  die, 
resign,  or  become  disqualified  during  his  term  of  office, 
said  city  council  shall,  as  soon  as  may  be,  elect  by 
ballot  in  joint  convention  a  citizen  to  fill  the  vacancy 
for  the  unexpired  term  only  :  provided,  however,  that 
no  member  of  the  city  council  shall  be  eligible  to  elec- 
tion as  water  commissioner. 


SPECIAL    STATUTES.  55 

Sect.  3.     The  city  engineer  of  said  city  shall  be  ex  cierk  of  the 
officio  clerk  of  said  board,  and  as  such  shall  keep  a 
true  and  accurate  record  of  the  doings  thereof,  and 
shall  be  duly  sworn  to  the  faithful  performance  of  his 
duties. 

Sect,  4.     Said  city  may,  by  ordinance,  prescribe  the  Mode  of  couect- 
mode  of  collecting  all  water  rents  and  other  money  that  lSay^*pre^°^ 
may  become  due  the  city  on  account  of  the  water  ^dii^ce.^"^ 
department,  and  of  accounting  for  the  same  to  the  city 
treasurer  ;  and  of  the  payment  of  all  bills  contracted 
by  said  department.     The  city  auditor  shall  have  free 
access  to   and  audit  all  books  and  accounts  of  said 
board.      The  annual    report  of    said  board  shall  be 
addressed  to  the  city  council,  and  printed  in  the  mu- 
nicipal register. 

Sect.  5.     All  acts  and  parts  of  acts  inconsistent  Repeal, 
herewith  are  hereby  repealed. 

Sect.  6.     This  act  shall  take  effect  on  being  ac-  subject  to  accept- 
cepted  by  a  two-thirds  vote  of  each  branch  of  the  city  counc^.*^*  ^ 
council  of   said  city.     But  the  water  commissioners 
then  in  office  shall  continue  to  hold  office  until  commis- 
sioners shall  be  elected  under  this  act. 

Approved,  February  20,  1880. 

Note — This  act  was  accepted  March  15,  1880.     For  ameudment,  see 
Acts  of  1888,  chapter  136,  post. 


56 


SPECIAL   STATUTES. 


ACTS  OF  1882.     CHAPTER  154. 

AN  ACT  AUTHORIZING    TOWNS  AND    CITIES    TO    LAY  OUT 
PUBLIC  PARKS  WITHIN  THEIR  LIMITS.* 


Section. 

1.  Cities  and  towns  may  lay  out 

public  parks.  Commission- 
ers to  be  appointed. 

2.  Vacancies.    To  serve  without 

compensation. 

3.  Powers    and    duties.     No    ex- 

pense to  be  incurred  until  an 
appropriation  is  made  by  a 
two-thirds  vote.  Taking  land 
not  valid  until  accepted  by 
town. 

4.  Description  of  land  taken  to  be 

recorded  in  registry  of  deeds. 

5.  Determination  of  damages. 

6.  Fee  of  land  to  be  vested  in  city 

or  town. 


Section. 

7.  Assessments  for  betterments. 

Proviso. 

8.  May  raise  money  subject  to 

law  limiting  municipal    in- 
debtedness. 

9.  "Public  Park  Loan." 

10.  Land  to  be  forever  maintained 

as  a  public  park. 

11.  Military  encampment,  etc.,  not 

permitted  without    consent 
of  board. 

12.  Annual  reports. 

13.  When  to  take  effect. 

14.  Second    meeting    not    to   be 

called  vrithin  twelve  months 
from  the  first. 


Cities  and  towns 
may  lay  out  public 
parks. 


Be  it  enacted,  etc.,  as  follows: — 

Section  1.  Any  town  in  this  Commonwealth  which 
accepts  the  provisions  of  this  act  in  the  manner  herein- 
after prescribed  may,  at  a  legal  meeting  called  for  the 
purpose,  elect  three  competent  persons  who  shall  con- 
stitute a  board  of  park  commissioners  for  such  town, 
and  may  prescribe  their  terms  of  office  ;  and  the  mayor 
of  any  city  which  in  such  manner  accepts  said  provi- 
sions may,  with  the  approval  of  the  city  council,  as 
soon  as  may  be  after  such  acceptance,  appoint  five 
competent  persons  who  shall  constitute  a  board  of  park 
commissioners  for  such  city,  and  who  shall  hold  their 
offices  until  the  expiration  of  terms  of  one,  two,  three, 
four,  and  five  years  respectively,  from  the  first  Mon- 
day in  May  next  following  such  appointment ;  and  the 
Commissioners  to  mayor  shall,  before  the  first  Monday  in  May  in  each 
year  thereafter,  with  like  approval  appoint  one  such 
commissioner  to  continue  in  office  for  five  years  from 
the  expiration  of  the  term  of  the  commissioner  then 
next  outgoing.  No  person  shall  be  such  commissioner 
who  is  at  the  same  time  a  selectman,  or  other  officer  of 


be  appointed. 


*  The  provisions  of  this  statute  are  now  incorporated  in  R.  L.,  ch.  28. 


SPECIAL    STATUTES.  67 

such  town,  or  a  member  of  the  city  council,  clerk  or 
treasurer  of  such  city  ;  and  any  such  commissioner 
may  be  removed  by  a  vote  of  two-thirds  of  the  legal 
voters  of  such  town,  at  a  legal  town  meeting  called 
for  the  purpose,  or  by  a  concurrent  vote  of  two-thirds 
of  the  whole  of  each  branch  of  such  city  council. 

Sect.  2.     Any    vacancy   occurring  in  such  board  vacanciea. 
shall  be  filled  for  the  residue  of  the  term  of  the  com- 
missioner whose  place  is  to  be  filled  in  the  manner  in 

1.,  1  ..  ••11  -xjTo  serve  without 

which  such   commissioner  was  originally  appointed,  compensation. 
Such    commissioners  shall  serve  without    compensa- 
tion. 

Sect.  3.  Such  boards  of  park  commissioners  shall  dutie"*"'* 
have  power  to  locate  within  the  limits  of  their  respec- 
tive towns  or  cities  a  public  park  or  parks,  and  for  that 
purpose  from  time  to  time  to  take  in  fee  by  purchase, 
gift,  devise,  or  otherwise,  any  and  all  such  lands  as 
they  may  deem  desirable  therefor,  or  to  take  bonds  for 
the  conveyance  thereof  to  their  respective  towns  or 
cities  ;  to  lay  out  and  improve  any  such  park  or  parks  ; 
to  make  rules  for  the  use  and  government  thereof,  and 
for  breaches  of  such  rules  to  affix  penalties  not  exceed- 
ing twenty  dollars  for  one  offense,  to  be  imposed  by 
any  court  of  competent  jurisdiction  ;  to  appoint  all 
necessary  engineers,  surveyors,  clerks,  and  other  offi- 
cers, including  a  police  force  to  act  in  such  parks  ;  to 
define  the  powers  and  duties  of  such  officers  and  fix 
the  amount  of  their  compensation  ;  and  generally  to 
do  all  acts  needful  for  the  proper  execution  of  the 
powers  and  duties  granted  to  or  imposed  upon  such 
town  or  city  or  upon  such  boards  by  this  act  :  provided,  no  expense  to  be 

*'  iiini  1  ,  incurred  until  an 

however,  that  no  land  shall  be  taken,  or  any  other  appropriation  is 

...  madebvatvo- 

thing  involving  an  expenditure  of   money   be  done  thirds  vote. 
under  this  act  until  an  appropriation  sufficient  to  cover 
the   estimated  expense  thereof  shall  in  a  town  have 
been  made  by  a  vote  of  two-thirds  of  the  legal  voters 
present  and  voting  in  a  legal  town  meeting  called  for 
the  purpose,  or  in  a  city  by  a  vote  of  two-thirds  of  each 
branch  of  the  city  council ;  and   such  expenditures 
shall  in  no  case  exceed  the  appropriations  made  there- 
for, and  all  contracts  made  for  expenditures  beyond 
the  amount  of  such  appropriations  shall  be  void  ;  pro- 
vided, further,  that  in  a  town  no  taking  of  land  other-  Taking  land  not 
wise  than  by  purchase  shall  be  valid  unless  such  taking  cepted  by  town, 
is  reported  to  the  town,  filed,  accepted,  and  allowed,  as 
provided  by  section  seventy-one  of  chapter  forty-nine 


58 


SPECIAL    STATUTES. 


Description  of 
land  taken  to  be 
recorded  In  regis- 
try of  deeds. 


Determination  of 
damages. 


Fee  of  land  to  be 
vested  in  city  or 
town. 


Assessments  for 
betterments. 


Proviso. 


of  the  Public  Statutes  in  the  case  of  laying  out  town 
ways. 

Sect.  4.  Such  board  shall,  within  sixty  days  after 
the  taking  of  any  land  under  this  act,  file  and  cause  to 
be  recorded  in  the  registry  of  deeds  for  the  county  or 
district  in  which  any  land  so  taken  is  situated  a 
description  thereof  sufficiently  accurate  for  identifying 
the  same. 

Sect.  5.  Such  boards  shall  respectively  estimate 
and  determine  all  damages  sustained  by  any  person  by 
the  taking  of  land  or  by  other  acts  of  such  boards  in 
the  execution  of  the  powers  vested  in  them  respectively 
by  this  act ;  but  a  person  aggrieved  by  any  such  deter- 
mination of  the  board  may  have  his  damages  assessed 
by  a  jury  of  the  superior  court  in  the  same  manner  as 
is  provided  by  law  with  respect  to  damages  sustained 
by  reason  of  the  laying  out  of  ways.  If  upon  trial, 
damages  are  increased  beyond  the  award,  the  party  in 
whose  favor  the  award  was  made  shall  recover  his 
costs  ;  otherwise  he  shall  pay  costs  ;  and  costs  shall  be 
taxed  as  in  civil  cases. 

Sect.  G.  The  fee  of  any  land  taken  or  purchased 
by  such  boards  in  any  town  or  city  for  a  park  under 
this  act  shall  vest  in  the  town  or  city  in  which  such 
park  is  laid  out ;  and  such  town  or  city  shall  be  liable 
to  pay  all  damages  assessed  or  determined,  as  provided 
in  the  preceding  section,  and  all  other  costs  and  ex- 
penses incurred  by  its  board  of  park  commissioners  in 
the  execution  of  the  powers  vested  in  such  board  by 
this  act.  Any  town  or  city  shall  also  be  authorized  to 
take  and  hold  in  trust  or  otherwise,  any  devise,  grant, 
gift,  or  bequest  that  may  be  made  for  the  purpose  of 
laying  out,  improving,  or  ornamenting  any  park  or 
parks  therein. 

Sect.  7.  The  boards  of  park  commissioners  in  their 
respective  towns  and  cities  shall  have  the  same  author- 
ity to  determine  the  value  of,  and  assess  upon  real 
estate  the  amount  of,  betterments  accruing  to  said  real 
estate  by  the  locating  and  laying  out  of  a  park  or 
parks  under  this  act,  that  is  conferred  by  chapter  fifty- 
one  of  the  Public  Statutes  upon  boards  of  city  or 
town  officers  authorized  to  lay  out  streets  or  ways  ;  and 
the  provisions  of  the  first  eight  sections  of  said  chapter 
relating  to  ways,  shall  apply  to  such  assessments  by 
boards  of  park  commissioners  in  respect  to  the  location 
and  laying  out  of  parks  as  aforesaid  :  provided,  how- 


SPECIAL    STATUTES.  59 

ever,  that  no  assessment  shall  be  laid  upon  any  real 
estate  except  such  as  abuts  upon  the  park  from  the  lay- 
ing out  of  which  the  betterment  accrues,  or  upon  a 
street  or  way  bounded  by  such  park. 

Sect.  8.    Any  town  or  city  in  which  a  public  park  Majr  raise  money 
is  laid  out  under  this  act  may  raise,  appropriate,  and  lilniting'munici- 
expend  such  sums  of  money  as  may  be  deemed  best  for  p*' >°''«*''«d"e«»- 
the  purchase  and  improvement  of  such  park  or  parks, 
subject  to  the  laws  of  this  Commonwealth   limiting 
municipal  indebtedness. 

Sect.  9.  For  the  purpose  of  defraying  the  expenses  "PubucPark 
incurred  under  the  provisions  of  this  act,  the  city  coun- 
cil of  any  city  shall  have  authority  to  issue  from  time 
to  time,  and  to  an  amount  not  exceeding  the  sum  ac- 
tually expended  for  the  purchase  or  taking  of  lands  for 
a  park  or  parks,  bonds  or  certificates  of  debt,  to  be 
denominated  on  the  face  thereof  the  "Public  Park 
Loan,"  and  to  bear  interest  at  such  rates  and  to  be  pay- 
able at  such  times  as  said  city  council  may  determine. 
For  the  redemption  of  such  loan,  such  city  council  shall 
establish  a  sinking  fund  sufficient,  with  the  accumulat- 
ing interest,  to  provide  for  the  payment  of  such  loan  at 
maturity.  All  amounts  received  for  betterments  shall 
be  paid  into  such  sinking  fund  until  such  fund  shall 
amount  to  a  sum  sufficient  with  its  accumulations  to 
pay  at  maturity  the  bonds  for  the  security  of  which  the 
fund  was  established. 

^ECT.  10.  All  lands  taken  or  held  under  this  act  Land  to  be  forever 
shall  be  forever  kept  open  and  maintained  as  a  public  ^biicfpark.^  * 
park  or  parks.  No  building  covering  more  than  six 
hundred  square  feet  shall  be  placed  or  allowed  to 
remain  on  any  such  park  ;  and  no  street  or  way,  and 
no  steam  or  horse  railroad,  shall  be  laid  out  over  any 
portion  of  a  park  located  under  this  act,  except  at  such 
places  and  in  such  manner  as  the  board  of  park  com- 
missioners shall  approve. 

Sect.  11.     No  military  encampment,  parade,   drill*  Military  encamp- 

,.  .  1111        ment,  etc.,  not 

review,  or  other  military  evolution  or  exercise  shall  be  permitted  without 

,,,  J,  ,  11-ij.  /•  -J    consent  of  board. 

held  or  performed  on  any  park  laid  out  as  aforesaid 
except  with  the  consent  of  such  board,  nor  shall  any 
military  body  without  such  consent  enter  or  move 
in  military  order  within  such  park,  except  in  case  of 
riot,  insurrection,  rebellion,  or  war. 

Sect,  12.     All  such  boards  of  park  commissioners  Annual  reports. 
shall  make  reports  of  their  respective  doings,  including 
detailed  statements  of  all  receipts,  expenditures,  and 


60 


SPECIAL    STATUTES. 


When  to  take 

ell'ect. 


Second  meeilng 
not  to  be  csvUea 
within 


liabilities  for  the  preceding  year  ;  such  reports  to  be 
made  in  towns  at  the  annual  town  meetings,  and  at 
such  other  times  as  the  town  may  direct,  and  in  cities 
to  the  city  council  annually  in  the  month  of  De- 
cember. 

Sect.  13.  This  act  shall  not  take  full  effect  in  any 
town  or  city  unless  accepted  by  a  majority  of  the  legal 
voters  of  such  town  or  city  present  and  voting  thereon 
by  ballot  and  using  the  check  list,  at  a  meeting  or 
meetings  notice  whereof  has  been  duly  given  at  least 
seven  days  beforehand.  Such  ballots  shall  be  *'yes" 
or  "no"  in  answer  to  the  question,  "Shall  an  act 
passed  by  the  legislature  of  the  Commonwealth  in  the 
year  eighteen  hundred  and  eighty-two,  entitled  *  An 
act  authorizing  towns  and  cities  to  lay  out  public  parks 
within  their  limits,'  be  accepted?"  In  a  town  such 
meetings  shall  be  called  and  notified  in  the  manner  in 
which  meetings  for  the  election  of  town  officers  are 
called  and  notified  ;  and  in  a  city  meetings  to  act 
thereon  shall  be  held  at  one  time  in  the  usual  voting 
places  of  the  city,  on  such  days  as  shall  be  designated 
by  the  board  of  aldermen  at  any  regular  meeting,  and 
shall  be  called  and  notified  by  the  board  of  aldermen  in 
the  manner  in  which  meetings  for  the  election  of  mu- 
nicipal officers  are  called  and  notified.  The  ballots  cast 
shall  be  assorted,  counted,  and  public  declaration  made 
thereof  in  open  town  or  ward  meeting,  and  the  number 
of  ballots  respectively  cast  shall  be  registered  in  the 
town  or  ward  records  as  the  case  may  be.  The  clerk 
of  each  ward  in  a  city  shall,  within  forty-eight  hours 
of  the  close  of  the  polls,  make  return  to  the  board  of 
aldermen  of  the  number  of  ballots  cast  in  his  ward  in 
favor  of  the  acceptance  of  this  act,  and  of  the  number 
cast  against  its  acceptance.  The  selectmen  and  town 
clerk  of  a  town  and  the  board  of  aldermen  of  a  city  in 
which  such  meeting  or  meetings  are  held  shall  certify, 
as  soon  as  may  be  thereafter,  to  the  secretary  of  the 
Commonwealth,  the  whole  number  of  ballots  cast  in 
favor  of  the  acceptance  of  this  act,  and  the  whole  num- 
ber cast  against  its  acceptance  ;  and  if  it  shall  appear 
that  a  majority  of  the  ballots  have  been  cast  in  favor 
of  acceptance,  the  said  secretary  shall  immediately 
issue  and  publish  his  certificate  declaring  this  act  to 
have  been  duly  accepted  by  such  town  or  city. 

Sect.  14.  No  second  meeting  for  the  purpose  of 
voting  upon  the  question  of  accepting  this  act  shall  be 


SPECIAL    STATUTES.  gl 

called  within  twelve  months  from  the  first,  unless  the  twelve  months 
first  meeting  shall  have  failed  through  illegality  or     "^        " ' 
irregularity  in  the  proceedings. 

Sect.  15.    This  act  shall  take  effect  upon  its  passage. 

Approved,  April  13,  1882. 

Note. — This  act  was  accepted  by  the  city  of  Springfield  at  a  special 
election  held  May  28,  1883. 


ACTS  OF  1883.    CHAPTER  25. 

AN  ACT  PROVIDING  THAT  THE  MAYOR  OF  THE  CITY  OF 
SPRINGFIELD  SHALL  BE  EX  OFFICIO  A  MEMBER  AND 
CHAIRMAN  OF  THE  SCHOOL  COMMITTEE. 


Section. 

1.     Mayor  to  be  member  and  chairman  of  school  committee. 

Be  it  enacted,  etc.,  as  follows :  — 

Section  1.     The  mayor  of  the  city  of  Springfield  Mayor  to  be  mem- 

,.,,.  m     •  1  -II-  J!  J.^  11    ber  and  chairman 

shall  be  ex  officio  a  member  and  chairman  or  the  school  of  school  com- 

...  J.        .  ■,      .,  mittee. 

committee  of  said  city. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

Approved,  March  3,  1883. 


62  SPECIAL    STATUTES. 


ACTS  OF  1883.     CHAPTER  130. 

AN  ACT  TO  RELIEVE  THE  CITY  OF  SPRINGFIELD  AND  THE 
TOWNS  OF  WEST  SPRINGFIELD  AND  AGAWAM  FROM 
CERTAIN  FORFEITURES. 


Section. 

1.    Relieved  from  certain  forfeitures. 

Be  it  enacted,  etc.,  as  follows  :  — 
Relieved  from  SECTION  1.     The  citj  of  Springfield,  the  towns  of 

nofposting^*^"^      West  Springfield  and  Agawam,  are  relieved  from  all 
Svei-''conn.rivef.**fo^f®it"^®s  *^^*  ^^7  have  been  heretofore  incurred  by- 
reason  of  non-compliance  with  the  provisions  of  section 
twenty-six  of  chapter  fifty-three  of  the  Public  Statutes. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

Approved,  April  18,  1883, 


SPECIAL    STATUTES. 


63 


ACTS  OF  1887.     CHAPTER  54. 

AN  ACT  PROVIDING   FOR  THE  REGISTRATION  AND  LICENS- 
ING OF  PLUMBERS  IN  THE  CITY  OF  SPRINGFIELD. 


Section. 

1.    City  of  Springfield  may  require 
plumbers  to  be  licensed. 


Section. 

2.    Penalties. 


Be  it  enacted,  etc.,  as  follows :  — 

Section  1.     The  city  of  Springfield  may  by  ordinance  city  of  spring; 
require  the  registration  and  licensing  of  all  persons  pfumber^to^e'^ 
doing  or  carrying  on  the  business  of  plumbing  in  said    '*^®°^®*- 
city,  and  prescribe  rules  and  regulations  for  the  mate- 
rials,  construction,  alteration,   and  inspection   of  all 
pipes,  tanks,  faucets,  valves,  and  other  fixtures  by  and 
through  which  water  or  sewage  is  used  and  carried, 
and  provide  that  no  such  pipes,  tanks,  faucets,  valves, 
or  other  fixtures  shall  be  placed  in  any  building  in  said 
city  except  in  accordance  with  plans  which  shall  be 
approved  by  the  board  of  health  of  said  city,  or  such 
person  or  persons  as  said  board  of  health  shall  desig- 
nate. 

Sect.  2.    The  said  city  may  impose  penalties  not  Penalties, 
exceeding  fifty  dollars  for  each  violation  of  any  of  the 
provisions  contained  in  section  one  of  this  act. 

Sect.  3.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  9,  1887. 


64 


SPECIAL    STATUTES. 


ACTS  OF  1888.     CHAPTER  136. 

AN  ACT  TO  AMEND  AN  ACT  RELATING  TO  THE  BOARD  OF 
WATER  COMMISSIONERS  OF  THE  CITY  OF  SPRINGFIELD. 


The  board  of 
water  commis- 
sioners'to  elect  a 
clerk. 


Section. 

1.    The  board  of  water  commissioners  to  elect  a  clerk. 

Be  it  enacted,  etc.,  as  follows  :  — 

Section  1.  Section  three  of  chapter  thirty  of  the 
acts  of  the  year  eighteen  hundred  and  eighty  is  hereby 
amended  by  striking  out  at  the  beginning  of  said  sec- 
tion the  words,  "  The  city  engineer  of  said  city  shall  be 
ex  officio  clerk  of  said  board,  and  as  such,"  and  insert- 
ing in  lieu  thereof  the  words  :  Said  board  of  water 
commissioners  shall  elect  a  clerk  who, —  so  that  the 
section  as  amended  shall  read  as  follows  :  Said  board 
of  water  commissioners  shall  elect  a  clerk  who  shall 
keep  a  true  and  accurate  record  of  the  doings  thereof, 
and  who  shall  be  duly  sworn  to  the  faithful  perform 
ance  of  his  duties. 

Sect.  2.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  16, 1888. 


SPECIAL   STATUTES.  66 


ACTS  OF  1890.     CHAPTER  74. 

AN  ACT  IN  RELATION  TO  THE  PRESERVATION  OF  PUBLIC 
HEALTH  IN  CITIES.* 


Section. 

1.     Location    of    priiry    vaults    in 


Section. 

2.    To  take  effect. 


cities  regulated. 

Be  it  enacted,  etc.,  as  follows  :  — 

Section.  1.     No  privy  vault  shall  be  established  in  a  Location  of  privy 

.,  1   •    1  J.      i.1- •  J.       •j.i-  '  -J.         vaults  in  cities 

City  which  accepts  this  act,  either  upon  premises  situ-  regulated, 
ated  on  a  public  or  private  street,  court,  or  passage  way 
where  there  is  a  public  sewer  opposite  thereto,  or  upon 
premises  connected  with  a  public  or  private  sewer, 
without  permission  in  writing  first  obtained  from  the 
board  of  health  of  such  city.  And  whenever  there  is 
in  such  city  a  privy  vault  so  situated  which,  in  the 
opinion  of  the  board  of  health  of  such  city,  is  injurious 
to  the  public  health,  said  board  shall  declare  the  same 
to  be  a  nuisance,  and  forbid  its  continuance,  and  sec- 
tions twenty-one  to  twenty-three,  inclusive,  of  chapter 
eighty  of  the  Public  Statutes  shall  apply  to  such  nui- 
sances so  declared. 

Sect.  2.    This  act  shall  take  effect  in  any  city  of  to  take  effect, 
the  Commonwealth  when  accepted  by  the  city  council 
thereof.  Approved,  March  6,  1890. 

*The  provisions  of  this  statute  are  incorporated  in  R.  L.,  ch.  76, 
sect.  70. 

Note. — ^This  act  was  accepted  by  the  city  council,  Sept.  16,  1890. 


66 


SPECIAL    STATUTES. 


ACTS  OF  1890.     CHAPTER  356. 

AN  ACT  TO  ANNEX  A  PART  OF  THE  TOWN  OF  LONGMEADOW 
TO  THE  CITY  OF  SPRINGFIELD. 


Part  of  the  town 
of  Lonpineadow 
annexed  to  the 
city  of  Spring- 
lie 


;yo 
Id. 


Section. 

1.  Part   of   the    town    of   Long- 

meadow  annexed  to  the  city 
of  Springfield. 

2.  Payment  of  taxes. 


Section. 

3.  Election  of  state  .and    county 

officers,  etc. 

4.  Settlement  of  paupers. 

5.  Public  park. 


Payment  of  taxes. 


Be  it  enacted,  etc. ,  as  follows : — 

Section  1.  So  much  of  the  town  of  Longmeadow 
in  the  county  of  Hampden  as  lies  between  the  present 
boundary  line  between  said  town  and  the  city  of 
Springfield  in  said  county,  and  the  following  line,  to 
wit :  Beginning  on  said  boundary  line  at  a  granite 
boundary  line  monument  located  at  or  near  the  east- 
erly side  of  Warriner's  Pecowsic  path  ;  thence  running 
southwesterly  in  a  direct  line  to  a  granite  boundary 
line  monument  on  the  northerly  side  of  the  Stickney 
road  at  that  point  on  said  road  where  it  turns  south 
after  running  southeasterly  from  the  main  road  from 
said  Springfield  to  Longmeadow  street ;  thence  running 
northwesterly  to  a  granite  boundary  line  monument 
on  the  easterly  line  of  said  road  to  Longmeadow  street, 
and  at  or  near  the  intersection  thereof  by  the  northerly 
side  of  said  Stickney  road,  and  thence,  in  the  same  line 
continued,  to  the  Connecticut  river ;  with  all  of  the 
inhabitants  and  estates  therein,  is  hereby  set  off  from 
said  town,  and  annexed  to  and  made  a  part  of  the  said 
city  of  Springfield,  and  shall  constitute  a  part  of  the 
sixth  ward  thereof  until  a  new  division  of  the  wards  of 
said  city  is  made. 

Sect.  2.  The  inhabitants  and  estates  within  the 
territory  above  described,  and  the  owners  of  said  estates, 
shall  continue  liable  to  pay  to  said  town  all  taxes 
remaining  uncollected  and  legally  assessed  upon  them, 
and  all  taxes  that  may  be  assessed  by  said  town  for  the 
cilrrent  year  ;  and  all  of  said  taxes  shall  be  collected 
and  paid  to  said  town  the  same  as  if  this  act  had  not 
been  passed.  Until  the  next  state  valuation,  the  city 
of  Springfield  shall,  annually  after  the  current  year,  on 


SPECIAL    STATUTES.  07 

or  before  the  month  of  November,  pay  to  said  town  the 
proportionate  part  of  the  state  and  county  tax  assessed 
upon  said  town  which  the  valuation  of  the  part  set  off 
bears  to  the  valuation  of  the  town,  according  to  the 
valuation  made  by  the  assessors  of  the  town  in  the 
year  eighteen  hundred  and  eighty-nine. 

Sect.  3.  Until  a  new  apportionment  of  representa-  Election  of  state 
tives  shall  be  made  the  inhabitants  of  the  territory  ce^sretc.*^" 
described  in  the  first  section  hereof  shall,  for  the  pur- 
pose of  electing  state  and  county  officers,  members  of 
the  executive  council,  senators  and  representatives  to 
the  general  court,  electors  of  president  and  vice-presi- 
dent of  the  United  States  and  representatives  to  con- 
gress, remain  and  continue  to  be  a  part  of  said  town  ; 
and  the  inhabitants  resident  therein  qualified  to  vote 
shall  be  entitled  to  vote  for  said  oflBcers,  and  shall  be 
eligible  to  the  office  of  representative  to  the  general 
court  from  the  senatorial  and  representative  districts 
of  which  said  territory  now  forms  a  part,  and  shall 
vote  at  the  place  or  places  at  which  the  inhabitants  of 
said  territory  would  have  voted  had  this  act  not  been 
passed. 

Sect.  4.  If  any  person  or  persons  who  have  hereto-  settlement  of 
fore  gained  a  legal  settlement  in  said  town  by  reason  i^*"p®"- 
of  residence  in  said  territory  set  off  as  aforesaid,  or  by 
having  been  proprietors  of  any  part  thereof,  or  who 
may  derive  such  settlement  from  any  such  residence 
or  proprietorship,  shall  come  to  want  and  stand  in 
need  of  relief,  aid,  and  support  as  paupers,  they  shall 
be  relieved  and  supported  by  said  city  in  the  same 
manner  that  they  would  have  been  by  said  town,  had 
they  gained  a  legal  settlement  therein. 

Sect.  5.  The  park  commissioners  of  said  city  shall,  Pubucpark. 
within  three  years  after  said  city  shall  have  acquired 
for  purposes  of  a  public  park,  a  sufficient  title  to  any 
part  of  the  Barney  estate,  so  called,  lying  within  said 
annexed  territory,  construct  within  said  annexed  ter- 
ritory, for  light  driving  only,  a  park  road  not  less  than 
twenty  feet  wide  and  of  such  grades  as  said  commis- 
sioners may  deem  proper,  and  running  in  such  courses 
not  unreasonably  circuitous  for  a  park  road  as  said 
commissioners  may  determine,  and  extending  from 
Long  Hill  street  near  the  Linus  Dickinson  homestead  to 
some  convenient  point  on  said  Stickney  road.  Said 
park  road  shall  not  be  a  public  way  within  the  mean- 
ing of  the  statutes  of  this  Commonwealth  relating  to 


68  SPECIAL    STATUTES. 

public  ways,  but  shall  be  governed  by  the  public  park 
laws  thereof,  and  shall  be  maintained  by  said  commis- 
sioners in  such  manner  as  they  may  determine  to  be 
consistent  with  the  improvement  and  maintenance  of 
said  territory  for  park  purposes.  The  inhabitants  of 
said  town  may,  under  the  rules  of  said  commissioners, 
use  said  road  with  the  same  rights  that  the  citizens  of 
said  Springfield  shall  have  to  use  the  same,  but  said 
road  shall  not  at  any  time  be  closed  for  said  light  driv- 
ing by  gates  or  bars,  or  by  any  rule  or  regulation  of 
said  park  commissioners,  except  as  shall  be  necessary 
for  the  ordinary  repair  thereof. 

Sect.  6.     This  act  shall  take  effect  upon  its  passage. 

Approved,  June  2,  1890. 


ACTS  OF  1893.     CHAPTER  97. 

AN  ACT  IN  RELATION  TO  THE  ESTABLISHMENT  AND  MAIN- 
TENANCE OF  THE  FIRE  DEPARTMENT  OF  THE  CITY  OF 
SPRINGFIELD. 


Section. 

1.    City  council  to  have  power  to  prescribe  manner  of  conducting  fire 
department.    May  delegate  powers  to  a  board. 

Be  it  enacted,  etc.,  as  follows  :  — 
City  council  to  SECTION  1.    The  powers  and  duties  conferred  by  the 

prescribe  manner  ..  j;i_i  ujij  a.      ^  £ 

of  conducting       provisious  of  Chapter  one  hundred  and  seventy-five  of 
tire  department.    ^^^  ^^^^  ^^  ^^^  year  eighteen  hundred  and  fifty-three, 

upon  the  city  council  of  the  city  of  Springfield  and  the 
mayor  and  aldermen  thereof,  in  relation  to  the  estab- 
lishment and  maintenance  of  a  fire  department,  may 
be  exercised  and  carried  into  effect  by  said  city  council 
in  such  manner  as  it  may  from  time  to  time  prescribe, 
May  delegate  and  wholly  or  in  part  through  the  agency  of  any  per- 
powers  to  a  board,  g^^^g  acting  as  a  board  whom  it  may  from  time  to  time 
designate,  and  with  such  limitation  of  power  as  said 
city  council  may  by  ordinance  direct.  Such  persons 
shall  serve  without  compensation. 

Sect.  2.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  17,  1893. 


SPECIAL    STATUTES.  ^9 


ACTS  OF  1803.     CHAPTER  301. 

AN  ACT  TO  ESTABLISH  A   RIVER  LINE  ALONG  THE  BANK 
OF  THE   CONNECTICUT  RIVER  AT  SPRINGFIELD. 


Section. 

1.    River  line  established. 


Section. 

2.    No  structure  or  filling  to   be 
done  without  license. 


Be  it  enacted,  etc.,  as  follows  : — 

Section  1.     No  wharf,  pier,  wall,  filliner  or  other  River  iine 

establisbed 

structure  or  work  shall  ever  hereafter  be  built  or  ex- 
tended in  the  Connecticut  river  at  Springfield  beyond 
the  river  line  herein  described,  except  that  the  city  of 
Springfield  may,  upon  license  from  the  board  of  harbor 
and  land  commissioners,  extend  sewer  outfalls  beyond 
said  line.  Said  river  line  is  hereby  established  as  fol- 
lows : — Beginning  at  a  point  marked  A,  in  the  bound- 
ary line  between  the  cities  of  Chicopee  and  Springfield 
and  one  hundred  and  eighty  feet  southwesterly  from 
the  stone  monument  in  said  line  on  the  easterly  line  of 
Plainfield  street ;  thence  running  southerly  on  the  arc 
of  a  circle  with  a  radius  of  thirty-two  hundred  feet, 
following  the  general  trend  of  the  shore  of  the  river, 
to  the  northerly  line  of  a  private  street  called  Rowland 
avenue  extended  to  a  point  marked  B,  twelve  hundred 
and  forty-six  feet  southwesterly  from  the  intersection 
of  the  northerly  line  of  Rowland  avenue  and  the  west- 
erly line  of  Plainfield  street ;  thence  running  south- 
easterly by  a  straight  line  tangent  at  the  point  B,  to 
the  curved  line  A-B,  seven  hundred  and  eighty-four 
feet,  to  a  point  marked  C  ;  thence  running  southeast- 
erly on  an  arc  of  a  circle,  curving  easterly,  with  a 
radius  of  fourteen  hundred  feet  tangent  at  the  point  C, 
to  the  line  BC,  five  hundred  and  eighty-seven  feet,  to 
a  point  marked  D  ;  thence  running  southeasterly  by  a 
straight  line  about  sixteen  hundred  and  fifty -eight  feet, 
to  the  southerly  line  of  Lowell  street  extended  to  a 
point  marked  E,  fourteen  hundred  and  eighty-two  feet 
southwesterly  from  the  intersection  of  the  southerly 
line  of  Lowell  street  and  the  westerly  line  of  Plainfield 
street;  thence  running  southeasterly  by  a  straight  line 


70  SPECIAL    STATUTES. 

about  nine  hundred  and  five  feet,  to  the  northerly  line 
of  West  street  extended  to  a  point  marked  F,  twelve 
hundred  and  fifty-six  feet  southwesterly  from  the  in- 
tersection of  the  northwesterly  line  of  West  street  and 
the  westerly  line  of  Plainfield  street ;  thence  running 
southeasterly  on  the  arc  of  a  circle,  curving  easterly, 
with  a  radius  of  fifty-two  hundred  and  sixty-five  feet 
tangent  at  F,  with  the  line  F-E,  nineteen  hundred  and 
seventy-six  feet,  to  a  point  marked  G  ;  thence  running 
southeasterly  by  a  straight  line  about  twenty-three 
hundred  and  eighteen  feet,  to  the  northwesterly  side 
line  of  Cypress  street  extended  at  a  point  marked  H, 
four  hundred  and  five  feet  southwesterly  from  the  in- 
tersection of  the  northeasterly  line  of  Fulton  street 
and  the  northwesterly  line  of  Cypress  street ;  thence 
running  southeasterly  about  five  hundred  and  seventy 
feet,  to  a  point  marked  I,  at  the  southerly  corner  of 
the  abutment  at  the  Springfield  end  of  the  Boston  and 
Albany  Railroad  Company's  bridge  over  the  Connecti- 
cut river ;  thence    continuing   southeasterly,   a   little 
more  southerly,  parallel  with  the  face  of  the  river  wall 
of  the  New  York,  New  Haven  and  Hartford  Railroad 
Company,  three  hundred  and  forty  feet,   to  a  point 
marked  J  ;  thence   continuing   southeasterly,  a  little 
more  easterly,  about  seven  hundred  feet,  to  the  south- 
erly line  of  Bridge  street  extended  at  a  point  marked 
K,  two  hundred  and  fifty-eight  feet  southwesterly  from 
the  intersection  of  the  southerly  line  of  Bridge  street 
and  the  southwesterly  line  of  Water  street ;  thence 
continuing  southeasterly,  a  little  more  southerly,  about 
twelve  hundred  and  thirty  feet,  to  the  northwesterly 
line  of  Elm  street  extended  at  a  point  marked  L,  three 
hundred  and  sixty-five  feet  southeasterly  from  the  in- 
tersection of  the  northwesterly  line  of  Elm  street  and 
the  southwesterly  line  of  Water  street ;    thence  con- 
tinuing southeasterly,  still  more  southerly,  about  nine- 
teen hundred  feet,  to  the  southeasterly  line  of  Banks 
avenue  extended  at  a  point  marked  M,  six  hundred 
and  eighty  feet  southwesterly  from  the  intersection  of 
the  southeasterly  line  of  Banks  avenue  and  the  south- 
westerly line    of    Water    street;    thence    continuing 
southeasterly,  still  more  southerly,  parallel  with  the 
main  line  tracks  of  the  New  York,  New  Haven  and 
Hartford  Railroad,  to  a  point  marked  N,  one  thousand 
feet  northerly  from  the  southerly  side  line  of  the  South 
End  bridge  over  the  Connecticut  river  at  its  intersec- 


SPECIAL    STATUTES.  7X 

tion  with  the  abutment  at  the  Springfield  end  of  the 
bridge :  thence  continuing  southeasterly  about  one 
thousand  and  three  feet,  to  a  point  in  the  southerly- 
side  line  of  said  bridge  marked  O,  thirty  feet  south- 
westerly from  the  face  of  said  abutment  and  two  hun- 
dred and  thirty-eight  and  nine-tenths  feet  southwester- 
ly from  the  intersection  of  the  prolongation  of  said 
southerly  side  line  of  said  South  End  bridge  with  the 
easterly  side  line  of  South  street ;  thence  running 
southerly  on  the  arc  of  a  circle  with  a  radius  of  twenty- 
four  hundred  feet,  curving  westerly,  for  a  distance  of 
thirty-one  hundred  and  thirty-nine  feet,  to  a  point 
marked  P  ;  thence  running  southwesterly  five  hundred 
feet,  by  a  straight  line  tangent  at  P,  with  the  line  0-P, 
to  a  point  marked  Q  ;  thence  running  southwesterly 
eight  hundred  and  ninety-two  feet,  on  an  arc  of  a 
circle,  curving  southerly,  with  a  radius  of  sixteen  hun- 
dred feet  tangent  at  Q,  to  the  line  P-Q,  to  a  point 
marked  R ;  thence  running  southwesterly  about  three 
hundred  and  eighty  feet  in  a  straight  line  tangent  at  R, 
to  the  line  Q-R,  to  the  boundary  line  between  the  city 
of  Springfield  and  the  town  of  Longmeadow  at  a  point 
marked  S,  fifteen  feet  northwesterly  from  the  stone 
monument  in  said  boundary  line  between  the  New 
York,  New  Haven  and  Hartford  railroad  and  the  bank 
of  the  Connecticut  river. 

Sect.  2.  No  structure  or  filling  shall  be  done  in-  no  structure  or 
side  Of  said  river  line  and  beyond  the  present  bank  of  withfuuicenw.^ 
the  said  river  without  authority  or  license  therefor 
first  duly  obtained  under  and  subject  to  the  provisions 
of  chapter  three  hundred  and  forty-four  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-five  and  chapter 
nineteen  of  the  Public  Statutes. 

Sect.  3.     This  act  shall  take  effect  upon  its  pas- 
sage. 

Approved,  May  3,  1893. 


72 


SPECIAL    STATUTES. 


ACTS  OF  1900.     CHAPTER  236. 

AN  ACT  TO  ABATE    THE    SMOKE    NUISANCE    IN  THE  CITY 
OF  SPRINGFIELD. 


Section. 

1.  Certain  emissions  of  smoke  de- 

clared a  nuisance. 

2.  Penalty. 


Section. 

3.  Officer   designated  by    mayor 

to  enforce  law. 

4.  Operation  of  certain  furnaces 

may  be  enjoined. 
6.     When  to  take  effect. 


Certain  emissions 
of  smoke  declared 
a  nuisance. 


Penalty. 


Officer  designated 
to  enforce  law. 


Be  it  enacted,  etc. ,  as  follows  :  — 

Section  1.  In  the  city  of  Springfield  the  emission 
into  the  open  air  of  dark  smoke  or  dense  gray  smoke 
for  more  than  two  minutes  continuously,  or  the  emis- 
sion of  such  smoke  during  twelve  per  cent  of  any  con- 
tinuous period  of  twelve  hours,  is  hereby  declared  a 
nuisance. 

Sect.  2.  Whoever  commits  such  nuisance  or  suffers 
the  same  to  be  committed  on  any  premises  owned  or 
occupied  by  him,  or  in  any  way  participates  in  com- 
mitting the  same,  shall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  for  each  week  during 
any  part  of  which  such  nuisance  exists. 

Sect.  3.  The  mayor  of  the  city  shall  designate  some 
proper  person  among  the  officers  of  the  city,  who  shall 
be  charged  with  the  enforcement  of  this  law.  Such 
designation  shall  be  made  in  January  of  each  year,  but 
shall  be  subject  to  change  at  any  time. 
Operation  of  cer-         Sect.  4.     The  officcrso  designated  mav  apply  to  the 

tain  furnaces, etc.,  .,..,  .  ,  ,"  •       !.• 

may  be  enjoined,  supreme  judicial  or  supcrior  court  or  to  any  justice 
thereof  for  an  injunction  to  restrain  the  further  opera- 
tion of  any  furnace,  steam  boiler  or  boilers  which  are 
being  operated  in  such  a  manner  as  to  create  a  nui- 
sance as  herein  defined  ;  and  said  court  or  justice  may 
after  hearing  the  parties  enjoin  the  further  operation 
of  any  such  furnace,  boiler  or  boilers. 

When  to  take  Sect.  5.     This  act  shall  take  effect  on  the  first  day  of 

September  in  the  year  nineteen  hundred. 

Approved,  April  13,  1900, 


SPECIAL    STATUTES. 


73 


ACTS  OF  1900.     CHAPTER  276. 

AN  ACT  RELATIVE  TO  WIRES  AND  ELECTRICAL  APPLI- 
ANCES IN  THE  CITY  OF  SPRINGFIELD  (AS  AMENDED 
BY  ACTS  OF   1901,  CHAPTER   18L) 


Section. 

1.  Removal   of  poles    and    wires 

from  the  streets  of  the  city. 

2.  Wires  to  be  removed  within  a 

certain  district,  or  be  placed 
underground.  Manner  of  re- 
moval. 

3.  Not  to  place  certain  structures 

in  prescribed  district,  except, 
etc. 


Section. 

4.  Not  to  apply  to  long  distance 

telephone  wires,  light  wires, 
etc.  Not  to  revoke  certain 
rights  already  granted.  Long 
distance  telephone  wires  de- 
fined. 

5.  Board  of  appeal. 

6.  Enforcement  of  provisions. 


Be  it  enacted,  etc. ,  as  follows  :  — 

Section  1.  The  city  council  of  the  city  of  Spring-  Removal  of  wires 
field  may  by  ordinance  designate  some  officer  or  offi-  ^'*'™  ^^®  streets. 
cers  of  the  city,  who  shall  have  exclusive  authority  to 
cause  to  be  removed  from  the  streets  of  the  city  within 
the  district  hereinafter  prescribed,  all  telegraph,  tele- 
phone, electric  light,  electric  motor  and  power,  street 
railway  power  and  feed,  and  all  other  wires,  cables  or 
conductors,  in  or  above  said  streets,  and  all  poles  and 
structures  in  said  streets  used  for  the  support  of  the 
same,  except  such  structures,  poles,  wires,  cables  and 
conductors  as  are  hereinafter  excepted,  and  to  cause  all 
such  wires,  cables,  and  conductors  to  be  placed,  main- 
tained and  operated  in  underground  conduits. 

Sect.  2.  The  provisions  of  this  act  shall  apply  to  wires  to  be 
that  district  of  the  city  of  Springfield  which  is  bounded  ^naln  district! 
by  a  circumference  whose  center  is  Court  square  and 
whose  radius  is  two  miles  in  length  from  said  center. 
And  said  officer  or  officers,  within  thirty  days  after 
appointment,  and  in  each  January  thereafter  until  the 
work  in  the  said  district  is  completed,  shall  prescribe, 
giving  public  notice  thereof  in  at  least  two  daily  news- 
papers in  said  city,  by  advertising  therein  twice  a  week 
for  two  weeks  in  succession,  a  part  of  said  district, 
consisting  of  not  less  than  three  nor  more  than  five 
miles  of  streets,  within  which  part  all  such  wires, 
cables  and  conductors,  except  such  as  are  hereinafter  movai. 


74 


SPECIAL   STATUTES. 


Not  to  place  cer- 
tain structures  in 
prescribed  dis- 
trict, except,  etc. 


Not  to  apply  to 
long  distance 
telephone  wires, 
etc. 


Not  to  revoke 
rights  already 
granted,  etc. 


excepted,  shall,  during  that  calendar  year,  be  removed 
or  placed  underground  ;  and  said  officer  or  officers  shall 
cause  the  owners  or  users  of  such  wires,  cables  and 
conductors,  to  remove  or  place  them  underground,  and 
also  to  remove  any  poles  or  structures  used  in  the 
streets  to  support  such  wires,  cables  or  conductors, 
except  when,  in  the  judgment  of  said  officer  or  officers, 
it  is  impracticable  or  inexpedient  to  remove  such  wires, 
cables,  poles,  conductors  or  structures  ;  it  being  the 
purpose  and  intent  of  this  act  ultimately  to  cause  the 
removal  from  public  streets,  avenues  and  highways  in 
said  district  of  all  wires,  cables  and  conductors,  except 
such  as  are  hereinafter  excepted. 

Sect.  3.  After  a  part  of  said  district  has  been  pre- 
scribed as  aforesaid  no  person,  firm  or  corporation 
shall  place  any  poles  or  other  structures  for  the  support 
of  any  wires,  cables  or  conductors,  except  those  herein 
specially  excepted,  in  any  street  thereof,  except  tem- 
porarily, with  the  consent  of  said  officer  or  officers,  in 
the  case  of  an  emergency  ;  and  if  after  the  expiration 
of  that  calendar  year  there  shall  remain  in  any  such 
street  any  poles,  structures,  wires,  cables  or  conductors 
which  said  officer  or  officers  shall  have  ordered  to  be 
removed  or  placed  underground,  the  said  officers  shall 
cause  the  same  to  be  removed  ;  and  the  city  may  col- 
lect from  the  owners  or  users,  by  an  action  at  law,  any 
expense  involved  in  such  removal. 

Sect.  4.  This  act  shall  not  apply  to  long  distance 
telephone  wires,  or  to  posts  for  the  support  of  lamps 
exclusively,  or  to  poles  used  exclusively  for  local  dis- 
tribution from  underground  wires,  cables  or  conduct- 
ors, or  to  street  railway  trolley,  guard  or  span  wires, 
to  poles  or  structures  used  exclusively  for  the  support 
thereof,  or  to  poles  and  wires  used  for  lighting  the  pub- 
lic streets  and  public  buildings  of  the  city  of  Springfield 
under  existing  contracts  with  said  city,  during  the 
continuance  of  said  contracts  ;  nor  shall  it  revoke  any 
rights  already  granted  to  any  person,  firm,  or  corpora- 
tion to  place  or  maintain  any  conduits,  pipes,  wires, 
cables  or  conductors  underground  ;  but  any  such  con- 
duits, pipes,  wires,  cables  or  conductors  laid  hereafter 
in  pursuance  of  any  such  grant  shall  be  laid  subject  to 
the  provisions  of  this  act,  so  far  as  they  are  not  incon- 
sistent with  the  terms  of  such  grant.  For  the  purposes 
of  this  act  no  wire  shall  be  deemed  a  long  distance 
telephone  wire  which  is  not  connected  with  some  cen- 


SPECIAL    STATUTES.  75 

tral  telephone  office  in  the  city,  and  which  does  not 
extend  twenty-five  miles  at  least  in  a  direct  line  from 
the  central  office. 

Sect.  5.  The  mayor  and  aldermen  of  the  city  shall  Board  oi  appeal, 
constitute  a  board  of  appeal,  to  which  petitions  in 
writing  may  be  presented  by  any  person,  firm  or  cor- 
poration aggrieved  by  any  act  or  decision  of  said  offi- 
cer or  officers,  done  or  made  in  pursuance  of  this  act. 
Such  petition  shall  set  forth  the  specific  grievance  or 
grievances  relied  upon,  and  shall  be  filed  with  the 
mayor  of  the  city  within  ten  days  from  the  act  or 
decision  complained  of ;  and  said  board  after  notice 
given  as  prescribed  in  section  two  of  this  act  shall  give 
a  hearing  thereon,  and  may  either  approve,  annul  or 
overrule  such  act  or  decision. 

Sect.  0.     The  supreme  judicial  or  superior  court,  or  Enforcement  of 
any  justice  thereof,  shall,  on  petition  of  said  officer  or  p''°^'^*°'^- 
officers,  have  jurisdiction  in  equity  to  enforce  the  pro- 
visions of  this  act  or  any  order  of  said  officer  or  officers 
issued  thereunder,  and  to  compel  compliance   there- 
with. 
Sect.  7.     This  act  shall  take  effect  upon  its  passage. 

Approved,  May  2,  1900. 


76  SPECIAL    STATUTES. 


ACTS  OF  1901.     CHAPTER  95. 

AN  ACT  TO  AUTHORIZE  THE  CITY  LIBRARY  ASSOCIATION 
OF  SPRINGFIELD  TO  HOLD  ADDITIONAL  REAL  AND  PER- 
SONAL ESTATE. 


Section  1.    May  bold  additional  real  and  personal  estate. 
Be  it  enacted,  etc.,  as  follows : — 

May  hold  real  and  SECTION   1.      The  City  Library  Association  of  Spring- 

not  exceeding  field  is  hereby  authorized  to  hold  real  and  personal 
estate  for  the  purposes  named  in  its  act  of  incorpora- 
tion, chapter  one  hundred  and  forty-two  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-four,  to  an 
amount  not  exceeding  six  hundred  thousand  dollars, 
exclusive  of  books  in  its  library  and  collections  of 
natural  history  and  works  of  art  in  its  museum.* 
Sect.  2.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  5,  1901. 

*  Increased  to  $1 ,500,000,  Acts  of  1902,  ch.  1 55. 


SPECIAL   STATUTES.  77 


ACTS  OF  1902.     CHAPTER  134. 

AN  ACT   RELATIVE  TO  THE  POLICE  DEPARTMENT  OF  THE 
CITY  OF  SPRINGFIELD. 


Section  1.    City  council  may  control  and  regulate  police  department. 
May  act  through  a  board. 

Be  it  enacted,  etc.,  as  follows  :  — 

Section  1.     The  powers  and  duties  conferred  and  city  council  to 
imposed  by  chapter  ninety-four  of  the  acts  of  the  year  fa^  poH^ce'^fS^rt- 
eighteen  hundred  and  fifty-two  upon  the   mayor  and  ™®°'- 
aldermen  of  the  city  of  Springfield  in  relation  to  the 
establishment  and  maintenance  of  a  police  depart- 
ment, the  appointment  of  a  constable,  or  a  city  mar- 
shal and  assistants,  and  all  other  police  officers,  may 
be  exercised  and  performed  by  the  city  council,  in  such 
manner  as  it  may  from  time  to  time  prescribe,  and 
wholly  or  in  part  through  the  agency  of  any  persons 

4.-  u  J       u  -x  £  J.-  J.    \.'  J  May  act  by  board. 

acting  as  a  board  whom  it  may  from  time  to  time  des- 
ignate, and  with  such  limitations  of  power  as  it  may 
by  ordinance  determine. 

S^CT.  2.     This  act  shall  take  effect  upon  its  passage. 

Approved,  February  27,  1902. 


78 


SPECIAL   STATUTES. 


ACTS  OF  1902.     CHAPTER  155. 

AN  ACT  TO  AUTHORIZE  THE  CITY  LIBRARY  ASSOCIATION 
OF  SPRINGFIELD  TO  HOLD  ADDITIONAL  REAL  AND 
PERSONAL  PROPERTY. 


Section. 

1.  Amendment  of  Acts  of  1901, 
chapter  95,  section  1.  May 
hold  additional  real  and  per- 
sonal estate. 


Acts  of  1901,  chap- 
ter 95,  section  1, 
amended. 


May  bold  addi- 
tional real  and 
personal  estate. 


Section. 

2.  Amendment  of  Acts  of  1864, 
chapter  142,  section  4.  City 
may  aid  association  while 
citizens  have  free  access  to 
library,  etc. 


Acts  of  1864,  chap- 
ter 142,  section  4, 
amended. 


Citv  may  aid 
while  citizens 
have  free  access. 


Be  it  enacted,  etc.,  as  follows  : — 

Section  1.  Section  one  of  chapter  ninety  five  of 
the  acts  of  the  year  nineteen  hundred  and  one  is 
hereby  amended  by  striking  out  the  words  "six  hun- 
dred," in  the  sixth  line,  and  inserting  in  place  thereof 
the  words  : — one  million  five  hundred, — so  as  to  read  as 
follows  -.—Section  1.  The  City  Library  Association  of 
Springfield  is  hereby  authorized  to  hold  real  and  per- 
sonal estate  for  the  purposes  named  in  its  act  of  incor- 
poration, chapter  one  hundred  and  forty-two  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-four,  to  an 
amount  not  exceeding  one  million  five  hundred  thou- 
sand dollars,  exclusive  of  books  in  its  library  and  col- 
lections of  natural  history  and  works  of  art  in  its 
museum. 

Sect.  2.  Section  four  of  said  chapter  one  hundred 
and  forty-two  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-four,  as  amended  by  subsequent  acts,  is 
hereby  amended  so  as  to  read  as  follows  : — Section  4- 
So  long  as  said  corporation  shall  allow  the  inhabitants 
of  the  city  of  Springfield  free  access  to  its  library  and 
museums  at  reasonable  hours,  and  shall  further  allow 
said  inhabitants  the  free  use  of  its  books  on  its  premises 
and  for  home  reading,  under  such  reasonable  regula- 
tions and  restrictions  as  may  be  imposed  by  the  directors 
of  said  corporation,  said  city  may  appropriate  and  pay 
annually  toward  defraying  the  expenses  of  carrying  on 
the  work  of  said  corporation,  as  authorized  by  its 
charter,  such  sums  as  the  city  may  judge  proper. 

Approved,  March  12,  1902. 


Note. — At  an  election  held  Dec.  6,  1898,  the  city  accepted 
the  provisions  of  Chap.  267  of  the  Acts  of  1898,  providing  for 
the  pensioning  of  disabled  firemen  ;  and  at  an  election  held  Dec. 
4,  1900,  accepted  the  provisions  of  Chap.  246  of  the  Acts  of  1900^ 
providing  for  the  pensioning  of  firemen  in  certain  cases ;  the  pro- 
visions of  these  statutes  are  now  incorporated  in  R.  L.,  ch.  32,  sects. 
81  and  82. 

At  an  election  held  Dec.  5,  1899,  the  city  accepted  the  provisions 
of  Chap.  344  of  the  Acts  of  1899,  making  eight  hours  a  day's  work 
for  certain  employees  of  the  city ;  this  act  is  now  incorporated  in 
R.  L.,  ch.  106,  sect.  20. 

At  an  election  held  Dec.  3,  1901,  the  city  accepted  the  pro- 
visions of  Chap.  332  of  the  Acts  of  1901,  providing  that  the  term  of 
office  of  the  city  clerk  shall  be  three  years  ;  this  act  is  now  incorpo- 
rated in  R.  L.,  ch.  26,  sect.  15. 


REVISED    ORDINANCES, 

1904. 


CITY    OF    SPRINGFIELD. 

IN  THE  YEAR  ONE  THOUSAND  NINE 
HUNDRED  AND  FOUR. 

A:t^   ORDINANCE 

CONSOLIDATING  AND   REVISING   THE  ORDINANCES   OF   THE 
CITY  OF  SPRINGFIELD. 

Be  it  ordained  by  the  city  council  of  the  city  of  Spring- 
field, as  follows : — 

CHAPTER  1. 

THE  CITY  SEAL. 


Section. 

I.    Device  and  inscription  of  city 
seaL 


Section. 


2.     Custody  of  seaL 


Section  1.    The  design  hereto  annexed,  as  executed  peviceand 

1       -!-»•    1         1  -i-^    •  1      1,1         1        1       .  »      ,  .  1      inscription  of  City 

by  Richard  Paine,  shall  be  the  device  of  the  city  seal,  seal, 
the  inscription  being  as  follows,  to  wit :  "  Springfield, 
organized  a  town  May  14,  1636,  O.  S.,  a  city  May  25, 

1852." 


Sect.  2.    The  city  clerk  shall  be  the  custodian  of  the  custody  of  seal, 
city  seal. 


82 


REVISED   ORDINANCES. 


CHAPTER   2. 

WARDS. 


Section. 

1.     City  divided  into  eight  wards. 


Section. 

2.     Members  of    common  council 
apportioned  among  wards. 


Division  into 
eight  wards. 

Ward  1  bounded. 


Ward  2  bounded. 


Boundaries  of  wards  defined, 

Section  1.  The  city  of  Springfield  is  hereby  divided 
into  eight  wards,  described  as  follows,  viz.  : 

Ward  No.  One.  Beginning  at  a  point  on  the  Con- 
necticut river  on  the  line  dividing  the  city  of  Chicopee 
from  the  city  of  Springfield,  thence  running  easterly  by 
said  dividing  line  to  the  center  of  Newbury  street, 
thence  through  the  center  of  said  Newbury  street  to  the 
center  of  Liberty  street,  thence  through  the  center  of 
Liberty  street  to  the  center  of  Armory  street,  thence 
southerly  through  the  center  of  said  Armory  street  to 
the  center  line  of  the  Boston  and  Albany  railroad  main 
tracks,  thence  westerly  by  the  center  line  of  said  tracks 
to  a  point  in  the  center  line  of  Cass  street  extended, 
thence  northerly  to  and  along  the  center  line  of  Cass 
street  to  Everett  street,  thence  westerly  through  the 
center  of  Everett  street  to  Chestnut  street,  thence 
northerly  through  the  center  of  Chestnut  street  to  Bond 
street,  thence  westerly  through  the  center  of  Bond 
street  to  Main  street,  thence  southerly  through  the 
center  of  Main  street  to  Seventh  street,  thence  west- 
erly by  the  center  line  of  Seventh  street  and  by  the  said 
center  line  extended  to  the  Connecticut  river,  thence 
northerly  by  said  river  to  the  point  of  beginning. 

Ward  No.  Two.  Beginning  at  the  Connecticut  river 
at  a  point  in  the  center  line  of  Seventh  street  extended 
and  running  easterly  to  and  through  the  center  of  Sev- 
enth street  to  the  center  of  Main  street,  thence  north- 
erly through  the  center  of  Main  street  to  Bond  street, 
thence  through  the  center  of  Bond  street  to  Chestnut 
street,  thence  southerly  through  the  center  of  Chest- 
nut street  to  Everett  street,  thence  easterly  through 
the  center  of  Everett  street  to  Cass  street,  thence 
southerly  by  the  center  line  of  Cass  street  and  by 
said  center  line  of  Cass  street  extended  to  the  center 
line  of  the  main  tracks  of  the  Boston  and  Albany  rail- 


WARDS. 


83 


road,  thence  westerly  by  said  center  line  to  the  Con- 
necticut river,  thence  northerly  by  said  river  to  the 
point  of  beginning. 

Ward  No.  Three.  Beginning  at  a  point  on  the  Con-  ward  3  bounded, 
necticut  river  in  the  southerly  boundary  line  of  Ward 
Two  as  above  described,  thence  running  easterly  by  the 
center  line  of  the  Boston  and  Albany  railroad  main 
tracks  to  the  center  of  Chestnut  street,  thence  southerly 
by  the  center  line  of  Chestnut  street  to  and  across  State 
street  to  the  center  line  of  Maple  street,  thence  south- 
erly by  the  center  line  of  Maple  street  to  the  center  line 
of  Union  street,  thence  westerly  by  the  center  line 
of  Union  street  to  the  Connecticut  river,  thence  north- 
erly by  said  river  to  the  point  of  beginning. 

Ward  No.  Four.  Beginning  at  a  point  in  the  center  ward  4  bounded, 
line  of  Chestnut  street  and  the  center  line  of  the  Bos- 
ton and  Albany  railroad  main  tracks,  thence  running 
easterly  by  the  center  line  of  said  main  tracks  to  the 
center  of  Armory  street,  thence  southerly  through 
the  center  of  Armory  street  to  the  center  of  Summer 
street,  thence  westerly  through  the  center  of  Summer 
street  to  the  center  of  Federal  street,  thence  southerly 
through  the  center  of  Federal  street  to  and  across  State 
street  to  the  center  line  of  Walnut  street,  thence 
southerly  through  the  center  of  Walnut  street  to  the 
center  of  King  street,  thence  easterly  through  the 
center  of  King  street  to  the  center  of  Hancock  street, 
thence  southerly  through  the  center  of  Hancock  street 
to  the  center  of  Ashley  street,  thence  westerly  through 
the  center  of  Ashley  street  to  the  center  of  Cedar  street, 
thence  westerly  through  the  center  of  Cedar  street  to 
the  junction  of  the  center  of  Cedar  and  Pine  streets, 
thence  southerly  through  the  center  of  Pine  street  to 
the  center  of  Maple  street,  thence  northerly  through 
the  center  of  Maple  street  across  State  street  to  the 
center  of  Chestnut  street,  thence  northerly  by  the 
center  line  of  Chestnut  street  to  the  point  of  beginning. 

Ward  No.  Five.  Beginning  at  a  point  in  the  center  ward  5  bounded. 
of  the  Boston  and  Albany  railroad  main  tracks  and  the 
center  of  Armory  street,  thence  running  easterly  by 
the  center  line  of  said  main  tracks  to  a  point  in  the 
center  line  of  Harvard  street  extended,  thence  south- 
erly along  the  line  last  mentioned  to  and  through  the 
center  line  of  Harvard  street  to  Yale  street,  thence 
through  the  center  of  Yale  street  to  the  center  of  Dart- 
mouth street,  thence  southerly  by  the  center  line  of 


84 


REVISED   ORDINANCES. 


Catherine  street  to  the  center  line  of  State  street,  thence 
easterly  by  the  center  line  of  State  street  to  a  point  op- 
posite the  center  line  of  Eastern  avenue,  thence  south- 
erly by  the  center  line  of  Eastern  avenue  to  the  center 
line  of  King  street,  thence  westerly  by  the  center  line 
of  King  street  to  the  center  of  Walnut  street,  thence 
northerly  by  the  center  line  of  Walnut  street  to  and 
across  State  street  to  the  center  line  of  Federal  street, 
thence  by  the  center  line  of  Federal  street  to  the  center 
line  of  Summer  street,  thence  easterly  by  the  center 
line  of  Summer  street  to  the  center  line  of  Armory 
street,  thence  northerly  by  the  center  line  of  Armory 
street  to  the  place  of  beginning. 

Ward  6  bounded.  Ward  No.  Six.  Beginning  at  a  point  on  the  Con- 
necticut river  in  the  centier  line  of  Union  street  ex- 
tended, thence  running  easterly  by  said  center  line 
through  Union  street  to  the  center  of  Maple  street, 
thence  southerly  by  the  center  line  of  Maple  street  to 
the  center  line  of  Pine  street,  thence  by  the  center  line 
of  Pine  and  Mill  streets  to  the  center  of  Main  street, 
thence  southerly  by  the  center  line  of  Main  and  South 
streets  to  the  center  line  of  the  South  End  bridge  ex- 
tended, thence  westerly  along  the  line  last  mentioned 
to  the  Connecticut  river,  thence  northerly  by  the  Con- 
necticut river  to  the  point  of  beginning. 

Ward  7  bounded.  Ward  No.  Scveu.  Beginning  at  the  Connecticut 
river  at  said  South  End  bridge,  thence  running  easterly 
in  the  line  of  said  bridge  to  the  center  of  South  street, 
thence  northerly  by  the  center  line  of  South  street  and 
Main  street  to  the  center  of  Mill  street,  thence  by  the 
center  line  of  Mill  and  Pine  streets  to  a  point  at  the 
junction  of  the  center  of  Pine  and  Cedar  streets,  thence 
easterly  by  the  center  line  of  Cedar  and  Ashley  streets 
to  the  center  of  Hancock  street,  thence  northerly  by 
the  center  line  of  Hancock  street  to  the  center  of  King 
street,  thence  easterly  by  the  center  line  of  King  street 
to  the  center  line  of  the  main  tracks  of  the  Highland 
Division  of  the  New  York,  New  Haven  and  Hartford 
railroad,  thence  southerly  by  the  last  named  center  line 
to  the  southerly  boundary  line  of  the  city  of  Springfield, 
thence  westerly  along  said  boundary  line  to  the  Con- 
necticut river,  thence  northerly  by  said  river  to  the 
point  of  beginning. 

Ward  8  described.  Ward  No.  Eight.  This  ward  is  described  as  contain- 
ing all  that  part  of  the  city  lying  easterly  of  the  other 
wards. 


WARDS.  g5 

Sect.  2.     The  members  of  the  common  council  of  Members  of  com- 
the  city  of  Springfield  are  hereby  apportioned  among  apportioned 
the  several  wards  of  the  city  as  follows  :    To  each  ward,  ^""""^ 
one  member.     To  Wards  One,  Three,  Four,  Five,  Six 
and  Seven,  each  one  member  in  addition  to  the  one 
first  named.      To  Wards  Two  and  Eight,  each  two 
members  in  addition  to  the  one  first  named. 


86 


REVISED    ORDINANCES. 


CHAPTER  3. 
PAYMENT  OF  CLAIMS   AGAINST  THE  CITY. 


Section. 

1.  No  claim  to  be  paid  unless?  ap- 

proved by  auditor. 

2.  No  account  or  claim  to  be  re- 

ceived or  acted  upon  by 
auditor  unless  certified  by 
proper  authority. 

3.  No  money  to  be  drawn  from 

treasury  without  order  of 
mayor.  Mayor,  etc.,  may 
draw  in  payment  of  accounts 
and  claims  allowed  and  cer- 
tified by  auditor ;  but  within 


Section. 


appropriations,  etc.  Audi- 
tor to  notify  mayor  and  coun- 
cil when  appropriations  are 
exhausted. 

Bills  to  be  certified,  approved, 
and  forwarded  to  auditor. 

Mayor,  etc.,  may  draw  in  pay- 
ment of  ascertained  sums, 
fixed  salaries,  etc.,  not  to 
exceed  appropriations. 

Approval  required  for  payment 
of  employees  of  the  city. 


No  claim  to  be 
paid  unless 
approved  by 
auditor. 


No  account  or 
claim  to  be 
received  or  acted 
upon  by  auditor 
unless  certifled  by 
proper  authority. 


No  money  to  be 
drawn  from  the 
treasury  without 
order  of  mayor. 

Mayor,  etc.,  may 
draw  in  payment 
of  accounts  and 
claims  allowed 
an<l  certified  by 
auditor;  but  with- 
in appropriations, 
etc. 


Auditorlto  notify 
mayor  and  council 
when  appropria- 
tions are 
exhausted. 


Section  1.  No  claim  shall  be  paid  by  the  treasurer 
unless  it  shall  have  been  approved  by  the  auditor  of 
accounts  as  required  by  ordinance,  except  as  herein- 
after provided. 

Sect.  2.  No  account  or  claim  against  the  city  shall 
be  acted  upon  by  the  auditor  of  accounts  unless  such 
account  or  claim  shall  be  accompanied  by  a  certificate 
of  the  mayor,  or  of  some  officer,  committee,  or  agent 
authorized  on  behalf  of  the  city  to  make  the  contract 
or  cause  the  expenditure,  that  the  same  is  correct. 

Sect.  3.  No  money  shall  be  drawn  out  of  the  city 
treasury  without  the  written  order  of  the  mayor.  The 
mayor,  and  in  case  of  his  absence  or  inability  the  act- 
ing mayor,  is  hereby  authorized  to  draw  orders  on  the 
treasurer  for  the  payment  of  all  accounts  and  claims 
allowed  and  certified  by  the  auditor  of  accounts,  as 
provided  in  the  preceding  section  ;  but  he  shall  not 
draw  any  order  for  services  rendered  or  materials  fur- 
nished by  any  department  beyond  the  sum  appropri- 
ated by  the  city  council  for  the  expenses  of  that  de- 
partment, together  with  the  amount  of  the  receipts  of 
such  department  then  to  the  credit  thereof.  When- 
ever any  appropriation  made  by  the  city  council  for 
any  department  of  the  city,  together  with  the  amount 
of  receipts  of  such  department,  has  been  expended,  it 
shall  be  the  duty  of  the  city  auditor  to  notify  the 
mayor  and  the  city  council  of  the  fact  in  writing,  and 


auditor. 


PAYMENT    OF    CLAIMS    AGAINST    THE    CITY.  87 

thereafter  no  further  expenditure  shall  be  made  in 
such  department  until  the  city  council  shall  have  pro- 
vided means  therefor. 

Sect.  4.     Heads  of  departments  shall  certify  to  the  Bins  to  be  certi- 
correctness  of  all  bills  incurred  by  them,  and  after  ap-  forwa?Jed  to 
proval  thereof  by  the  committee  or  board  authorized 
to  approve  their  department  expenditures  shall  forward 
the  same  without  delay  to  the  auditor  of  accounts,  on 
or  before  the  fourth  day  of  each  month. 

Sect.  5.     The  mayor,  and  in  case  of  his  absence  or  Mayor,  etc.,  may 

.J  J  -   .       draw  in  payment 

inability  the  acting  mayor,  is  authorized  to  draw  his  of  ascertained 

,  ,  .  p        . ,  J.      i!  sums,  fixed  sala- 

orders  upon  the  city  treasurer  for  the  payment  or  any  ries  etc.,  not  to 

,  ,     '        1  1  J?  -1  -J.  exceed  appropria 

certain  and  ascertained  sums  due  from  the  city,  pur-  tions. 
suant  to  any  ordinance  or  vote  of  the  city  council ;  and 
for  the  payment  to  city  officers  of  salaries  or  compen- 
sation for  services,  .in  all  cases  in  which  the  amount  of 
such  salaries  or  such  compensation  is  fixed  by  ordi- 
nance or  vote  of  the  city  council ;  and  for  the  payment 
of  the  stipulated  compensation  to  the  teachers  of  the 
public  schools,  upon  a  certificate  authorized  by  the 
school  committee,  of  the  sums  due  from  time  to  time 
to  the  teachers  respectively,  pursuant  to  the  contracts 
under  which  they  are  severally  employed  ;  and  for  the 
payment  of  any  sum,  either  as  principal  or  interest, 
due  on  any  note,  bond,  or  other  like  written  obligation 
of  the  city  ;  and  for  the  payment  of  any  claim  against 
the  city,  the  amount  of  which  has  been  determined  by 
a  lawful  judgment  of  a  judicial  court.  But  no  such 
order  shall  be  drawn  exceeding  the  appropriations 
which  have  been  made  by  the  city  council  for  said 
several  purposes. 

Sect.  6.     The  treasurer  is  authorized  and  directed.  Approval  required 
with  the  written  approval  of  the  mayor  and  city  audi-  emp^oyees'of'the 
tor,  to  pay  weekly  employees  of  the  city  as  follows  : 

In  the  highway  department  and  its  various  branches 
under  the  supervision  of  the  superintendent  of  streets, 
on  the  approval  of  the  superintendent  of  streets. 

In  the  forestry  department  on  the  approval  of  the 
city  forester. 

In  the  park  department  on  the  approval  of  the 
chairman  of  the  park  commission  and  the  superin- 
tendent of  parks. 

In  the  scavenger  and  ash  departments  on  the  ap- 
proval of  the  agent  of  the  board  of  health. 

The  permanent  men  of  the  fire  department  on  the 
approval  of  either  the  chief  or  deputy  chief  engineer. 


city. 


88 


REVISED   ORDINANCES. 


CHAPTER  4. 


COLLECTION  OF  CLAIMS  DUE  THE  CITY. 


Section. 


Executive  departments  shall  file 
monthly  with  auditor  item- 
ized bills  of  claims  due  the 
city. 

Auditor  shall  each  month  file 
list  of  claims  due  the  city  and 
itemized  bills  with  collector, 
and  shall  file  list  with  treas- 
urer. 


Section. 

3.  Collector  to  be  charged  with 

amoimt  of  commitments ; 
and  credited  with  amounts 
collected,  abatements,  etc. 

4.  Duties  of  collector  in  regard  to 

claims  due  the  city. 


Executive 
departments  shall 
file  monthly  with 
auditor  itemized 
bills  of  claims  due 
the  city. 


A.uditor  shall  each 
month  tile  list  of 
claims  due  the 
city  and  itemized 
bills  with  col- 
lector, and  shall 
tile  list  with 
treasurer. 


Collector  to  be 
charged  with 
amount  of  com- 
mitments ; 

and  credited  with 
amounts  collected, 
abatements,  etc. 


Duties  of  collector 
in  regard  to  claims 
due  the  city. 


Section  1.  On  or  before  the  tenth  day  of  each 
month  all  of  the  executive  departments  of  the  city  gov- 
ernment except  the  board  of  water  commissioners 
shall  file  with  the  auditor  of  accounts  itemized  bills 
duly  approved  of  all  claims  that  have  become  due  the 
city  in  their  several  departments. 

Sect.  2.  On  or  before  the  twentieth  day  of  each 
month  the  auditor  of  accounts  shall  make  out  a  list  of 
all  claims  due  the  city  that  have  been  filed  with  him, 
entering  those  from  each  department,  together  with  the 
name  and  address  of  each  debtor,  the  amount  of  the 
claim  and  the  consideration  therefor,  and  transmit  said 
list  with  the  itemized  bills  to  the  collector  of  taxes,  and 
file  a  summary  of  the  same  with  the  city  treasurer. 

Sect.  3.  The  collector  of  taxes  shall  be  charged 
on  the  books  of  the  city  auditor  and  the  city  treasurer 
with  the  total  amount  of  all  such  commitments,  and 
credited  with  all  amounts  collected  and  turned  over  to 
the  city  treasurer  on  bills  so  committed,  and  also  cred- 
ited with  abatements  and  corrections  made  by  author- 
ized boards  and  committees,  and  sanctioned  by  the  city 
auditor. 

Sect.  4.  Said  collector  shall  file  weekly  with  the 
city  treasurer  a  statement  showing  what  claims  he  has 
collected  since  his  last  return,  upon  each  list  in  his 
hands,  and  pay  over  to  the  city  treasurer  the  amounts 
so  collected.  As  often  as  once  in  every  six  months 
said  collector  shall  furnish  the  committee  of  finance  a 
list  of  all  unpaid  claims  that  have  been  in  his  hands 


COLLECTION  OF  CLAIMS  DUE  THE  CITY.  89 

over  six  months,  with  brief  memoranda  of  reasons  for 
their  non-payment.  Said  committee  may  order  the 
collection  of  such  claims  by  suit  or  otherwise,  or  may 
abate  the  same  as  it  may  deem  advisable.  The  collec- 
tor's official  bond  shall  be  made  to  cover  all  his  duties 
under  this  chapter. 


90 


REVISED   ORDINANCES. 


CHAPTER  5. 

SALARIES. 


Mayor. 


Clerk. 


Section. 

1.  Compensation  of    certain   city 

officers. 

2.  Compensation  of    water    com- 

missioners. 

3.  Compensation  of  the  overseers 

of  the  poor,  and  of  the  agent 
of  the  board. 

4.  Compensation  of  city  engineer 

and  of  a.s3istant  engineers. 
6.    Compensation  of  members  of 

the  police  department. 
6.    Compensation  of  members  of 

the  fire  department. 


Section. 

7.  Members  of  fire  department ; 

penalty,  vacation,  salary  of 
assistant  acting  as  chief,  dis- 
ability, period  of  duty.claims 
for  pay,  forfeiture. 
Appointment  of  extra  call 
men. 

8.  Salaries  paid   monthly   unless 

otherwise  provided. 

9.  City  council   may  fix  salaries 

not  otherwise  provided  for. 


The  annual  compensation  of  the  city- 
employees    is    hereby    established    as 


Section  1. 
officers    and 
follows  : — 

The  mayor,  three  thousand  dollars,  which  sum  shall 
not  be  increased  or  diminished  during  the  year  for 
which  he  is  chosen  : 

City  clerk,  twenty-four  hundred  dollars,  which  sum 
shall  be  in  full  for  the  performance  of  all  the  duties  of 
his  said  office,  except  such  duties  as  he  may  perform  as 
clerk  or  member  of  the  board  of  registrars  of  voters, 
the  compensation  for  which  shall  be  the  same  as  has 
already  been  or  may  hereafter  be  fixed  by  the  city 
council  for  the  other  members  of  the  said  board  : 

City  treasurer,  two  thousand  five  hundred  dollars, 
which  sum  shall  be  in  full  for  the  performance  of  all 
duties  of  said  office,  including  the  duties  of  treasurer  of 
the  sinking  funds  : 

City  auditor,  one  thousand  six  hundred  dollars, 
which  sum  shall  be  in  full  for  all  services  performed 
by  him  as  such  auditor  : 

Collector  of  taxes,  twenty-two  hundred  dollars: 

Clerk  of  the  common  council,  three  hundred  dollars: 

City  messenger,  one  thousand  two  hundred  dollars 
payable  weekly  : 
Superintendent  of      Superintendent  of  streets  and  sewers,  twenty -three 

streets  and  sewers  ;i  i        iin  i'i  1111       'j^nf  n 

and  hundred  dollars,  which  sum  shall  be  in  full  for  all  serv- 

ices rendered  by  him  as  such  superintendent: 


Treasurer. 


Auditor. 


Collector. 

Clerk  of  common 

council. 

Messenger. 


SALARIES.  91 

First  assistant   superintendent  of    streets,   twelve  aasistonts. 
hundred  dollars: 

Second  assistant  superintendent  of  streets,  twelve 
hundred  dollars: 

Board  of  assessors,  forty-two  hundred  dollars  per  Assessors, 
year  in  full  for  all  services,  to  be  divided  as  follows  : 
Chairman  sixteen  hundred  dollars  ;  each  of  the  other 
two  members  of  the  board  thirteen  hundred  dollars. 
This  compensation  of  the  assessors  shall  include 
that  provided  for  assessors  by  the  Revised  Laws  of  the 
Commonwealth  or  any  amendments  thereof. 

Assistant  assessors,  the  following  compensation,  to  Assistant  asses- 
wit  :  For  services  rendered  in  their  first  and  second 
years  of  service,  three  dollars  per  day  ;  for  services 
rendered  in  their  third  and  fourth  years  of  service, 
three  dollars  and  fifty  cents  per  day  ;  for  services 
rendered  in  their  fifth  year  of  service  or  thereafter, 
four  dollars  per  day: 

City  forester,  twelve  hundred  dollars,  which  sum  city  forester, 
shall  be  in  full  for  all  services  rendered  by  him  to  the 
city: 

City  physician,  one  thousand  dollars  in  full  for  all  city  physician, 
services  rendered  by  him  as  such  physician: 

That  member  of  the  board  of  health  who  serves  as  Health  physician, 
health  physician  and  clerk  of  the  board,  one  thousand 
dollars  in  full  for  all  services  rendered  by  him  as  a 
member  of  said  board: 

Agent  of  the  board  of  health,  twelve  hundred  dol-  ^K^tV^^^^^*"^ 
lars: 

Inspector  of  buildings,  one  thousand  dollars:  fpicS"^*"" 

Inspector  of  milk  and  vinegar,  nine  hundred  dol-  Miik,etc..in- 

^  <=>       '  spector. 

lars,  which  sum  shall  be  in  full  for  all  services  rendered 
by  him.  Said  inspector  shall  devote  his  entire  time  to 
the  duties  of  his  office. 

Inspector  of  meats,  provisions  and  animals,  three  Victor ^^^ '  ^°" 
hundred  dollars: 

Schoolhouse  agent,  fifteen  hundred  dollars,  which  schooihouse 
shall  be  in  full  for  all  his  services,  and  for  the  use  of  a 
horse  and  wagon  if  such  shall   be   necessary,  to  be 
furnished  and  kept  by  said  agent: 

Members  of  the  board  of  public  works  shall  each  Board  of  pubuc 
receive  three  dollars  per  day  for  each  day's  services. 

Election  officers  shall  receive  such  compensation  Election  officers, 
for  their  services  as  the  city  council  may  from  time  to 
time  by  order  determine. 

The  officer    designated    under    the    provisions   of  inspector  of  wires. 


92 


REVISED    ORDINANCES. 


Water  com- 
missioners. 


Overseers  of  the 
poor. 


Agent  of  the 
board. 


City  engineer. 


Assistant  engi- 
neers. 


Police  depart- 
ment. 


City  marshal. 


Assistant  marshal 
Captain. 

Lieutenant. 
Inspectors. 
Sergeants. 
Police  matron. 
Watchmen. 


chapter  two  hundred  and  seventy-six  of  the  Acts  of 
the  General  Court  of  Massachusetts  in  the  year  nine- 
teen hundred  shall  receive  compensation  of  one  hun- 
dred dollars  per  annum. 

Sect.  2.  The  members  of  the  board  of  water  com- 
missioners shall  serve  without  compensation,  except 
that  the  chairman  of  said  board  shall  receive  a  salary 
of  twelve  hundred  dollars  per  annum. 

Sect.  3.  The  board  of  overseers  of  the  poor  shall 
serve  without  compensation.  Said  board  shall  be 
allowed  a  sum  not  exceeding  two  thousand  dollars  for 
the  services  of  an  agent  or  clerk,  including  the  use  of 
a  horse  and  wagon,  to  be  furnished  and  kept  by  said 
agent  or  clerk  ;  said  compensation  to  be  in  full  for  all 
services  which  he  shall  perform  for  the  city. 

Sect.  4.  The  annual  compensation  of  the  city 
engineer  is  hereby  established  at  twenty-three  hundred 
dollars,  which  sum  shall  be  in  full  for  all  services  per- 
formed by  him  for  the  city  as  such  engineer. 

The  compensation  of  one  assistant  engineer,  who 
shall  be  known  and  designated  as  the  first  assistant 
engineer,  shall  be  twelve  hundred  dollars  per  annum, 
payable  in  monthly  instalments,  and  said  first  assistant 
engineer  shall  give  his  entire  services  to  the  city.  The 
compensation  of  other  assistant  engineers  shall  be 
fixed  as  provided  by  section  five  of  chapter  sixteen  of 
the  ordinances. 

Sect.  5.  Annual  compensation  of  the  members  of 
the  police  department  shall  be  as  follows  : 

City  marshal,  eighteen  hundred  dollars,  which  sum 
shall  be  in  full  for  his  services,  and  the  use  of  a  horse 
and  carriage,  if  such  shall  be  necessary,  to  be  furnished 
and  kept  by  said  marshal : 

Assistant  marshal,  thirteen  hundred  dollars: 

Captain  of  the  watch,  eleven  hundred  and  seventy- 
five  dollars: 

Lieutenant,  eleven  hundred  dollars: 

Inspectors,  eleven  hundred  dollars  each: 

Sergeants,  ten  hundred  and  fifty  dollars  each: 

Police  matron,  five  hundred  dollars: 

Night  and  day  watchmen  as  follows,  to  wit :  each 
who  is  or  may  be  serving  his  first  year  of  service,  or 
the  first  year  of  service  after  an  interval  of  non-service, 
eight  hundred  dollars  ;  each  who  is  or  may  be  serving 
his  second  year  of  continuous  service,  eight  hundred 
and  fifty  dollars  ;  each  who  is  or  may  be  serving  his 


SALARIES. 


93 


third  or  any  subsequent  year  of  continuous  service, 
one  thousand  dollars.  The  police  commission  may 
also  in  its  discretion  reimburse  any  police  officer  for 
damages  to  his  clothing  received  while  on  duty. 

Members  of  the  reserve  police  force,  each  the  sum 
of  two  dollars  and  nineteen  cents  a  day  when  actually 
employed: 

Special  policemen,  one  dollar  and  seventy-five  cents 
per  day  for  day  service,  and  two  dollars  per  night  for 
night  service: 

The  assistant  marshal,  captain  of  the  watch,  and 
night  and  day  watchmen  shall  each  be  entitled  to  an 
absence  from  duty  of  fourteen  days  during  each  year 
of  their  service,  with  full  pay,  such  absence  to  be  with 
the  approval  of  the  marshal. 

Sect.  6.  Compensation  of  members  of  the  fire 
department  shall  be  as  follows  : 

Chief  engineer,  eighteen  hundred  dollars  per  annum, 
payable  weekly: 

Deputy  chief  engineer,  fourteen  hundred  dollars  per 
annum,  payable  weekly: 

First  assistant  call  engineer,  at  the  discretion  of  the 
board  of  commissioners  of  the  fire  department,  an 
amount  not  less  than  two  hundred  and  fifty,  nor  ex- 
ceeding three  hundred  and  fifty  dollars  per  annum, 
payable  quarterly  ;  other  assistant  call  engineers  each 
two  hundred  and  fifty  dollars  per  annum,  payable 
quarterly : 

Superintendent  of  fire  alarm  and  ex  officio  assistant 
engineer  eleven  hundred  and  fifty  dollars  per  annum, 
in  full  payment  of  services  as  said  superintendent  and 
assistant  engineer,  payable  weekly  ;  also  the  additional 
sum  of  three  hundred  dollars  per  annum  for  the  care 
and  supervision  of  the  rooms,  apparatus,  machinery 
and  fixtures  of  the  police  signal  telegraph  system-, 
to  be  charged  to  the  account  of  the  police  commission: 

Captains  permanently  employed,  not  exceeding  two 
dollars  and  eighty  cents  per  day,  payable  weekly,  the 
amount  allowed  each  captain  to  be  determined  by  the 
board  of  commissioners  of  the  fire  department: 

Call  captains,  twenty-five  dollars  per  annum  in 
addition  to  their  pay  as  call  men  of  the  department, 
payable  quarterly: 

Each  lieutenant  permanently  employed,  the  sum  of 
fifteen  cents  per  day  in  addition  to  his  pay  as  a  per- 
manent man: 


Reserve 
policemen. 


Special 
policemen. 


Absence  from 
duty  with  pay. 


Fire  department. 
Chief  engineer. 


Deputy  chief 
engineer. 

Assistant  call 
engineers. 


Superintendent  of 
fire  alarm. 


Captains. 


Call  captains. 


Lieutenants. 


94 


REVISED    ORDINANCES. 


Engineers. 


Drivers,  tillennen 
linemen,  ladder- 
men,  engineraen, 
hydrantmen. 


Gall  members. 


Running 
members. 


Call  men  of 
Hose  6. 


Penalty  for 
absence. 


Vacation. 


Salary  of  assistant 
acting  as  chief. 


Engineers  of  steam  engines,  two  dollars  and  fifty 
cents  per  day  for  the  first  five  years'  continuous  serv- 
ice ;  after  five  years'  continuous  service,  two  dollars 
and  seventy-five  cents  per  day,  payable  weekly: 

Drivers,  tillermen,  linemen,  laddermen,  engine- 
men  of  chemical  engines  and  hydrantmen,  perma- 
nently employed,  each  who  is  or  may  be  serving  his 
first  year  of  service,  two  dollars  per  day  ;  each  who  is 
or  may  be  serving  his  second  year  of  service,  two 
dollars  and  ten  cents  per  day ;  each  who  is  or  may  be 
serving  his  third  or  any  subsequent  year  of  service, 
two  dollars  and  fifty  cents  per  day: 

Call  members  of  the  fire  department  except  those  of 
Hose  Company  No.  5  Combination  located  at  Indian 
Orchard,  one  hundred  dollars  per  annum  for  the  first 
year  of  service,  and  one  hundred  and  seventy-five 
dollars  per  annum  thereafter,  payable  quarterly,  ex- 
cept that  the  board  of  commissioners  of  the  fire 
department  may  in  case  of  a  reappointment  and  for 
previous  good  service  establish  the  pay  of  a  newly 
appointed  member  as  of  the  second  year  of  a  call 
member: 

Running  members,  except  those  of  Hose  Company 
No.  5  Combination  as  aforesaid,  sixty  dollars  per 
annum,  payable  quarterly: 

Call  men  of  Hose  Company  No.  5  Combination 
eighty-seven  dollars  and  fifty  cents  per  annum,  and 
running  members  thirty  dollars  per  annum,  payable 
quarterly. 

Sect.  7.  Members  of  the  fire  department  absent 
from  fires,  unless  previously  excused  by  the  captain  of 
the  company,  or  upon  excuse  deemed  sufficient  by  the 
board  of  engineers,  shall  pay  a  penalty  sum  of  one 
dollar  for  each  absence,  the  same  to  be  deducted  from 
their  quarterly  pay  roll.  The  commissioners  of  the 
fire  department  may,  if  they  deem  it  expedient,  grant 
a  vacation  of  not  exceeding  two  weeks  each  year  to 
the  members  of  the  fire  department  without  loss  of 
pay.  Drivers,  hydrantmen,  tillermen,  laddermen, 
enginemen  and  captains  permanently  employed  shall 
be  allowed  a  vacation  of  three  days  in  each  month 
without  loss  of  pay,  provided  that  men  on  such  three 
days  vacation  shall  answer  all  general  alarms  of  fire 
during  such  three  days. 

In  case  of  the  absence  from  the  city  of  the  chief  en- 
gineer, or  deputy  chief  engineer,  except  upon  leave. 


SALARIES.  95 

or  of  his  or  their  disability  from  any  cause  to  perform 
his  or  their  duties,  the  portion  of  salary  due  for  the 
period  of  such  absence  or  disability  shall  be  paid  to 
siich  assistant  engineer  as  shall  perform  said  duties  ; 
provided,  however,  that  if  it  shall  appear,  to  the  satis- 
faction of  the  commissioners  of  the  fire  department, 
that  such  disability  arises  from  injuries  incurred  or 
disease  contracted,  in  the  discharge  of  duty  as  such 
engineer,  the  said  commissioners  of  the  fire  depart- 
ment may  order  payment  of  the  compensation  that 
would  otherwise  be  forfeited,  or  such  part  thereof  as 
they  may  deem  proper,  for  the  whole  or  part  of  the 
period  during  which  such  disability  shall  continue  or 
may  have  continued,  without  prejudice,  however,  to 
the  right  of  the  assistant  in  charge  to  the  compensa- 
tion therefor  above  provided. 

Any  member  of  the  fire  department  in  active  serv-  pay  ^hiie  under 
ice,  except  a  chief  engineer  and  deputy  chief  en-  disability, 
gineer,  injured  while  doing  fire  duty,  if  the  injury 
renders  him  unable  to  attend  to  his  regular  duties  or 
business,  shall  receive  his  full  pay  from  the  city  during 
his  disability,  not  to  exceed  twelve  weeks  in  all  for 
each  disability. 

Members  of  the  department  shall  be  considered  penod  of  duty 
doing  fire  duty  when  answering  a  call  from  an  alarm  ^®*^'*^^- 
bell  or  still  alarm  of  fire,  when  working  at  a  fire,  when 
returning  from  answering  a  fire  alarm,  when  engaged 
in  collecting  hose  or  other  fire  apparatus  left  at  the 
place  of  a  fire  by  any  member  of^  the  department  after 
orders  to  "  limber  up"  or  when  attending  the  annual 
inspection  of  said  department ;  and  it  shall  be  con- 
sidered that  the  period  of  such  duty  in  case  of  fire 
or  an  alarm  of  fire,  commences  the  moment  an 
alarm  from  the  fire  alarm  telegraph  or  the  moment 
a  still  alarm  is  given,  at  any  company  headquarters, 
when  such  an  alarm  has  been  reported.  In  case  of  in- 
spections and  parade,  the  period  of  duty  shall  be 
considered  to  commence  with  the  moment  of  such 
member  taking  his  place  in  the  company  ranks  and 
shall  end  at  the  completion  of  the  roll  call  before  dis- 
missal of  his  company  or  at  the  moment  of  dismissal 
of  the  department  in  any  legal  manner. 

No  claim  for  pay  shall  be  considered  unless  made  to  ciaims  for  pay. 
the  chief  of  the  department  within  three  days  from 
date  of  injury  claimed  to  be  the  cause  of  disability, 
and  all  such  claims  shall  be  submitted  to  the  board  of 


96  REVISED   ORDINANCES. 

commissioners  and  the  chief  of  the  fire  department  for 
their  approval. 
Forfeiture  of  Every  oflRcer  or  member  (except  those  permanently 

employed)  who  shall  not  serve  the  whole  period 
between  pay  days,  as  established  by  the  city  council, 
except  in  case  of  sickness  or  death,  or  removal  from 
the  city,  or  temporary  absence  on  leave,  or  who  shall 
be  removed  from  the  department,  or  deposed  from  his 
office,  for  cause,  shall  forfeit  any  and  all  compensation 
that  would  otherwise  be  due  him  at  the  time  when  his 
services  ceased  or  such  removal  or  deposing  took 
place. 

The  board  of  commissioners  of  the  fire  department 

£xtra  call  men  ^ 

may  be  appointed,  may,  if  they  deem  it  expedient,  appoint  extra  call  men 
for  fire  service,  whose  compensation  shall  not  exceed 
thirty  cents  per  hour  for  actual  service  rendered  in  ex- 
tinguishing fires  or  in  drill  practice. 
Salaries  payable  Sect.  8.     The  salaries  mentioned  in  this  chapter 

otherwise"'  ^^     shall  bccome  due  and  payable  in  monthly  instalments 
provi  e  .  unless  otherwise  specified  herein,  or  otherwise  pro- 

vided by  law. 

Sect.  9.     All  salaries  not  otherwise  provided  for  in 

City  council  may       ,  .        ,         .  i      n  i  xi  -^ 

fix  salaries  not      triis  Chapter,  Shall  be  such  as  the  city  council  may  de- 

otherwise  .  ,  ^  •  ^        •  i 

provided  for.       termiuo  f  rom  time  to  time  by  concurrent  vote. 


CONTRACTS  WITH  THE  CITY  AND  THE  HIRING  OF  LABOR. 


97 


CHAPTER  6. 

CONTRACTS  WITH  THE  CITY  AND  THE   HIRING  OF  LABOR. 


Section. 
1. 


No  member  of  city  council, 
member  of  board  or  com- 
mission, or  officers  of  city 
shall  have  private  interest  in 
contract  without  express  au- 
thority.   R.  L.,  chapter  210, 

§9. 
Certain  contracts  to  be  m  writ- 


Section. 

ing  and  not  to  be  altered 
unless,  etc. 

3.  Certain  contracts  to  be  accom- 

panied by  suitable  bonds.  No 
proposal  shall  be  accepted, 
when.  Custody  of  written 
contracts. 

4.  Preference  to  be  given  to  labor- 

ers who  are  residents. 


Section  1.     No  member  of  the  city  council,  no  mem-  no  member  of 

,  «  ,  ,  .       .  J  1X1  r.  city  council, 

ber  of  any  board  or  commission,  and  no  officer  chosen  member  of  board, 

or  appointed  by  the  city  council,  or  by  either  branch  or™fflcers«f  city 

thereof,  shall  be  interested  in  a  private  capacity,  di-  inferesun  con-*** 

rectly  or  indirectly,  in  any  contract  or  agreement  for  *™*'*  without 


express  authority. 
R.  L.,  chapter  210, 
section  9. 


labor,  or  for  any  materials,  goods,  wares,  or  merchan- 
dise furnished  to  the  city  wherein  the  city  is  a  party 
interested,  unless  the  same  be  expressly  authorized  to 
be  made  and  entered  into  with  such  a  person  by  some 
ordinance  or  order  of  the  city  council. 

Sect.  2.     In  all  cases  where  the  amount  of  any  con-  certain  contracts 

1  to  be  in  writing 

tract  shall  exceed  one  thousand  dollars,  the  contract  and  not  to  i>e  ai- 
shall  be  in  writing  and  shall  be  signed  by  the  mayor 
and  a  majority  of  the  committee  or  commission  in 
charge  of  the  work  on  the  part  of  the  city,  and,  after 
being  signed  by  the  parties,  no  such  contract  shall  be 
altered  in  any  particular  unless  a  majority  of  said  com- 
mittee or  commission  shall  signify  their  assent  thereto 
in  writing,  under  their  respective  signatures,  indorsed 
on  said  contract,  and  approved  by  the  mayor. 

Sect.  3.    Every  contract  exceeding  five  hundred  certain  contracts 

J    „  .  J.     n       J.1  i-  ij.         J.'  •       to  be  accompanied 

dollars  in  amount,  for  the  erection,  alteration  or  repair  by  suitable  bonds, 
of  any  building  owned  or  to  be  owned  by  the  city, 
shall  be  accompanied  by  a  suitable  bond  with  sureties 
for  the  faithful  performance  of  the  same,  or  by  the  de- 
posit of  money  or  security  to  the  amount  of  such  bond, 
the  amount  of  the  bond  and  the  sureties  to  be  approved 
by  the  mayor.    No  proposal  shall  be  accepted  from  or  no  proposal  shaii 

•'  *'  11111  11  .ibe  accepted,  when. 

for  any  person  who  shall  have  broken  a  contract  with 
the  city  during  the  three  years  preceding.    One  copy 


98^:  REVISED   ORDINANCES. 

Custody  of  of  all  written  contracts   shall   be  deposited  with  the 

written  contracts.  ^.^^  clerk  and  one  copy  with  the  city  treasurer  as  soon 

as  practicable  after  its  execution. 
Preference  to  be         Sect.  4.     In  the  hiring  of  labor  by  any  official,  com- 
who°  re  residents,  mittee  or  commission  of  the  city,  the  preference  shall 
in  all  cases,  as  far  as  practicable  be  given  to  properly 
qualified  bona  fide  residents  of  Springfield. 


THE   COLLECTION    OF   TAXES. 


99 


CHAPTER  7. 

THE  COLLECTION  OP  TAXES. 


Section.  Section. 

1.    Collector  may  use  all  means  of      2.    Taxes  to  be  payable  October 
collecting  taxes  which  town  1 ;  interest   chargeable  from 

treasurer  when  collector  may.  October  1 ,  on  taxes  unpaid 

Office  of  collector.  after  November  1.    Collector 

to  collect  and  keep  account 
of  interest,  etc. 

Section  1.  The  collector  of  taxes  of  the  city  of 
Springfield  may  use  all  means  of  collecting  taxes 
which  a  town  treasurer  when  appointed  collector  may 
use,  and  shall  be  provided  with  an  office  by  the  city 
council. 

Sect.  2.  Taxes  assessed  in  the  city  of  Springfield 
^hall  be  due  and  payable  on  the  first  day  of  October 
next  after  the  assessment  thereof,  in  each  year,  and  all 
persons  or  corporations  who  shall  not  pay  such  taxes 
assessed  upon  them  until  after  the  first  day  of  Novem- 
ber, next  after  such  first  day  of  October,  shall  pay 
interest  thereon  from  the  first  day  of  October  next 
previous  to  such  first  day  of  November,  at  such  rate 
per  centum  as  the  city  council  may,  annually,  lawfully 
order  ;  and  the  collector  of  taxes  shall  collect  the  same, 
and  keep  an  account  thereof,  in  addition  to  the  account 
of  taxes  collected,  and  pay  the  same  into  the  city 
treasury. 


Collector  may  use 
all  means  of :  < 
collecting  taxes 
which  town 
treasurer  when 
collector  may. 
Office  to  be 
provided. 

Taxes  to  be  paya- 
ble October  1. 


Interest 

chargeable  from 
Oct.  1,  on  taxes 
unpaid  after 
Nov.  1. 


Collector  to  collect 
and  keep  account 
of  interest,  etc. 


100 


REVISED    ORDINANCES. 


CHAPTER  8. 

ESTABLISHING  SINKING  FUNDS  AND    PROVIDING  FOR  THE 
ELECTION  OF  SINKING   FUND  COMMISSIONERS. 


Sinking  funds  to 
be  established. 


Commissioners  of 
sinking  fund, 
how  elected. 


Term  of  office. 


Vacancies,  how 
filled. 


Duties,  etc.,  of 
commissioners. 


Section.  Section. 

1.  Sinking  funds  to  be  established.  how  elected,  term  of  office. 

2.  Commissioners  of  sinking  fund,  Vacancies,  how  filled. 

3.    Duties,  etc.,  of  commissioners. 

Section  1.  Sinking  funds  shall  be  established  for 
the  payment  of  all  indebtedness  of  the  city  for  the 
payment  of  which  sinking  funds  are  or  shall  hereafter 
be  required  under  any  provisions  of  law. 

Sect.  2.  The  present  commissioners  of  the  sinking 
fund  shall  continue  to  hold  office  for  the  terms  for 
which  they  have  been  respectively  elected.  Annually 
hereafter,  on  the  first  Monday  in  February,  or  within 
sixty  days  thereafter,  there  shall  be  elected,  by  con- 
current vote  of  both  branches  of  the  city  council,  to 
serve  for  the  term  of  three  years  from  the  next  first 
day  of  April,  a  commissioner  to  take  the  place  of  the 
commissioner  whose  term  of  service  shall  then  expire. 
If  any  vacancy  shall  occur  in  said  commission,  by 
death  or  otherwise,  such  vacancy  shall  be  filled,  for 
the  unexpired  term,  by  an  election  by  the  city  council, 
by  concurrent  vote  as  aforesaid. 

Sect.  3.  Said  commissioners  shall  serve  without 
pay,  shall  have  charge  of  all  of  the  sinking  funds  of 
the  city,  shall  keep  records  of  their  doings,  shall  per- 
form all  duties  incumbent  on  them  by  law,  and  shall 
annually,  in  the  month  of  November,  and  whenever 
requested  by  the  city  council,  report  to  the  city  council 
the  condition  of  the  sinking  funds  of  the  city. 


THE    METHOD    OF    ELECTING    CERTAIN    OFFICERS. 


101 


CHAPTER  9. 

THE  METHOD   OF  ELECTING  CERTAIN  OFFICERS. 


Vacancies  in  board  of  alder- 
men. 

If  mayor  is  not  elected,  who 
to  perform  duties. 
Vacancies  in   city  or  ward 
offices,  how  filled. 
Removal  from  ward  not  to 
disqualify  city  officers. 
Mayor,  etc.,  may  hold  other 
offices,    except    of    emolu- 
ment. 


Section.  I    Laws. 

1.  Time    of    election    of    officers      §  31. 

chosen  by  the  city  council. 

2.  To  hold  office  for  one  year  from      §  32. 

first    Monday  in  April,   and 

until  successor  is  qualified.  §  33. 

3.  To    be  elected   by  concurrent 

vote ;  effect  of  failure  to  con-      §  34. 
cur. 

4.  Provisions  as  to  time  of  elec-      §  35. 

tion  directory. 
6.     Adoption  of  certain  sections  of 
chapter  twenty-six  of  the  Re- 
vised Laws. 

Section  1.  All  city  officers  whose  election  or  ap- 
pointment by  the  city  council  is  required  either  by  law 
or  ordinance,  excepting  those  officers  the  time  of  whose 
election  or  appointment  is  otherwise  prescribed  by  law 
or  ordinance,  shall  be  elected  or  appointed  as  the  case 
may  be  on  the  first  Monday  of  February  in  each  year, 
or  within  sixty  days  thereafter. 

Sect.  2.  Every  city  officer  elected  or  appointed 
under  the  provisions  of  section  1  shall  hold  his  office 
(if  not  sooner  removed)  for  one  year  from  the  first 
Monday  of  April  in  the  year  in  which  he  shall  be 
elected  or  appointed,  and  until  a  successor  shall  be 
elected  and  qualified. 

Sect.  3.  All  officers  whose  mode  of  election  is  not 
prescribed  by  law,  or  by  some  ordinance  of  the  city, 
shall  first  be  elected  in  the  board  of  aldermen,  and 
thereupon  by  the  common  council  in  concurrence. 
Failure  to  concur  shall  be  deemed  rejection. 

Sect.  4.  Whenever  any  ordinance  shall  provide  for 
the  election  of  any  city  officer  at  or  within  a  time 
specified,  such  provision  shall  be  considered  as  direc- 
tory, and  an  election  after  such  time  shall  be  valid. 

Sect.  5.  Sectionsthirty-one  to  thirty-five  inclusive 
of  chapter  twenty-six  of  the  Revised  Laws  are  hereby 
accepted  and  adopted  as  follows,  viz. : 

*'  Sect.  31.  If,  in  a  city  the  city  council  of  which 
votes  to  accept  the  provisions  of  this  and  the  three  fol- 
lowing sections  or  has  accepted  the  corresponding  pro- 


Time  of  election 
of  officers  chosen, 
by  the  city 
council. 


To  hold  office  for 
one  year  from 
first  Monday 
in  April  and  until 
successor  is 
qualified. 


To  be  elected  by 
concurrent  vote. 
Effect  of  failure 
to  concur. 


Provisions  as  to 
time  of  election 
directory. 


Adoption  of  cer- 
tain sections  of 
chapter  26  of  the 
Revised  Laws. 


Vacancies  in 
board  of 
aldermen. 


102 


REVISED   ORDINANCES. 


If  mayor  ia  not 
elected,  who  to 
perform  duties. 


Vacancies  in  city 
or  ward  oflaces, 
bow  filled. 


Removal  from 
ward  not  to  dis- 
qualify city 
officers. 


Mayor,  etc.,  may 
hold  other  offices 
except  of 
emolument. 


visions  of  earlier  laws,  at  or  after  the  time  for  the  mayor 
and  aldermen  to  enter  upon  the  performance  of  their 
duties,  it  appears  that  the  mayor  or  the  full  number  of 
aldermen  has  not  been  elected,  such  of  said  officers  as 
have  been  elected  shall  issue  warrants  for  the  election 
of  a  mayor  or  of  alddrmen  as  necessary.  If  none  of 
said  officers  has  been  elected,  the  president  of  the  com- 
mon council  shall  issue  such  warrants. 

**  Sect.  32.  If  no  mayor  has  been  elected,  the  presi- 
dent of  the  board  of  aldermen  shall  perform  the  duties 
of  the  office  until  a  mayor  is  chosen  and  sworn. 

"  Sect.  33.  If  there  is  a  vacancy  in  the  board  of 
aldermen,  in  the  common  council,  or  in  a  city  or  ward 
office  which  is  to  be  filled  by  an  election  of  the  people, 
the  mayor  and  aldermen  shall  issue  their  warrant  for 
elections  to  fill  such  vacancy  at  a  time  and  place 
designated  by  them. 

"  Sect.  34.  City  officers  shall,  notwithstanding 
their  removal  from  one  ward  of  the  city  into  another, 
continue  to  perform  their  official  duties  during  their 
term  of  office. 

"  Sect.  35.  The  mayor  or  an  alderman  or  member 
of  the  common  council  of  a  city  which  adopts  the  pro- 
visions of  this  section,  or  has  adopted  the  correspond- 
ing provisions  of  earlier  laws,  may  at  the  same  time 
hold  any  other  office  under  the  city  government  to 
which  he  may  be  chosen,  except  one  of  emolument." 


DUTIES    OF    CERTAIN    OFFICERS.  103 


CHAPTER  10. 

DUTIES  OF  CERTAIN  OFFICERS. 


Section. 

1.  Duties  of  city  treasurer. 

2.  Duties  of  collector  as  to  paying 

over. 

3.  Overseers  of  the  poor  and  school 

committee,  when  to  meet,  etc. 

4.  City  treasurer  to  advance  money 

to  overseers  of  the  poor  for 
necessary  expenses ;  money 
to  be  refunded,  when. 


Section. 

5.  Overseers  of  poor  to  make  re- 

port, etc. 

6.  Master  of  almshouse  to  be  elec- 

ted annually. 

7.  Master  of  almshouse  to  have 

the    care,   etc.,   of    children 
committed  to  the  almshouse. 

8.  Supervisor  of  wires  designated 

to  enforce  Act  of  1900,  ch.27(). 


Section  1.  The  city  treasurer  shall  make  up  his  Duties  of  city 
accounts  to  and  including  the  tenth  day  of  December 
in  each  year,  and  the  fiscal  year  shall  end  on  that  day. 
He  shall  cause  all  books,  papers  and  other  property 
under  his  care,  belonging  to  the  city,  to  be  as  securely 
kept  as  the  means  furnished  by  the  city  shall  permit. 
He  shall  render  such  services  and  furnish  such  infor- 
mation respecting  the  accounts,  finances,  and  payments 
of  the  city,  as  either  branch  of  the  council  or  any  com- 
mittee thereof  may  from  time  to  time  require.  He 
shall  once  in  six  months,  and  oftener  if  required,  lay 
before  the  city  council  a  statement  of  the  condition  of 
the  treasury,  and  of  all  moneys  received  and  paid  by 
him  as  treasurer  during  the  preceding  six  months.  He 
shall  keep  such  a  system  of  accounts  as  the  auditor  of 
accounts  shall  direct ;  and  he  shall  at  all  times  furnish 
to  said  auditor  such  information  as  the  duties  of  the 
auditor  shall  require. 

Sect.  2.     The  collector  of  taxes  shall,  on  Monday  of  Duties  of  collector 

'  *'  as  to  paying  over. 

each  week,  pay  over  to  the  city  treasurer  all  moneys 
by  him  collected  to  said  date.  He  shall  collect  and  pay 
over  to  the  treasurer,  (including  payment  on  the  county 
tax,)  one-half  of  the  whole  amount  committed  to  him> 
within  three  months  of  the  time  of  commitment,  and 
one-quarter  more  in  two  months  thereafter,  and  the 
residue  as  soon  as  practicable,  but  no  later  than  the 
first  day  of  December  of  the  following  year. 

Sect.  3.     The  overseers  of  the  poor  and  the  school  overseers  of  poor 

Z,  .  ,      and  schoo]  coro- 

committee  shall  meet  at  least  as  often  as  once  in  each  mittee,  when  to 
montb,  for  the  transaction  of  business  ;  and,  at  the  com- 
mencement of  each  municipal  year,  shall  give  public 


104 


REVISED   ORDINANCES. 


City  treasnrer  to 
advance  money  to 
overseers  of  the 
poor  for  necessary 
expenses; 


money  to  be 
refanded,  wben. 


Overseers  of  the 
poor  to  make 
report,  etc. 


Master  of  alms- 
house to  be  elected 
annually. 


Master  of  alms- 
house to  have  care 
etc.,  of  children 
committed  to  the 
ailmshouse. 


Dotice  of  the  times  and  places  of  their  meetings  during 
the  year  ;  and  accounts  and  claims  may  be  certified  and 
approved  by  them  at  any  meeting  at  which  a  quorum 
is  present. 

Sect.  4.  The  city  treasurer  shall  pay  over  to  the 
overseers  of  the  poor,  as  soon  after  the  tenth  day  of 
December  in  each  year  as  said  overseers  may  desire, 
the  sum  of  two  hundred  dollars.  The  same  shall  be 
paid  on  the  written  request  of  said  overseers,  and  the 
written  order  of  the  mayor,  and  be  charged  to  the  ap- 
propriation for  the  pauper  department.  Said  money 
shall  be  kept  by  said  overseers  apart  from  any  money 
of  their  own  and  as  the  money  of  the  city,  and  shall  be 
used  only  for  such  traveling  and  other  necessary  ex- 
penses as  may  be  called  for  by  any  emergency  which 
must  be  met  at  once  and  without  the  delay  incidental 
to  the  approval  and  payment  of  bills  as  provided  by 
ordinance.  Whenever  any  expense  shall  have  been 
paid  out  of  said  fund,  the  bill  therefor  shall  be  approved 
and  paid  by  the  treasurer,  to  said  overseers  to  be  placed 
to  the  credit  of  said  fund  and  to  become  a  part  thereof, 
to  make  good  the  amount  used  by  them.  Said  board 
shall,  annually,  prior  to  the  tenth  day  of  December, 
pay  over  to  said  treasurer  said  sum  of  two  hundred 
dollars  and  the  same  shall  be  placed  to  the  credit  of 
said  pauper  department. 

Sect.  5.  The  overseers  of  the  poor  shall  annually, 
on  or  before  the  twentieth  day  of  December,  report  to 
the  city  council  their  proceedings  in  the  discharge  of 
the  duties  of  their  oflBce,  with  a  statement  of  their  ex- 
penditures, the  expenses  and  income  of  the  city  farm, 
the  number  of  persons  supported  at  the  almshouse,  and 
of  those  wholly  or  partially  supported  out  of  it,  and  the 
amount  paid  for  the  latter. 

Sect.  6.  The  overseers  of  the  poor  shall  annually, 
as  soon  after  their  election  as  may  be  convenient,  elect 
some  suitable  person  to  be  master  of  the  city  almshouse, 
who  shall  hold  his  office  for  one  year,  and  until  his 
successor  is  elected,  unless  sooner  removed  by  said 
overseers  of  the  poor. 

Sect  7.  The  master  of  the  city  almshouse  shall, 
under  the  direction  of  the  overseers  of  the  poor,  have 
the  care,  custody,  and  discipline  of  all  children  com- 
mitted to  said  almshouse,  under  the  provisions  of  the 
Revised  Laws  relating  to  the  care  and  education  of 
neglected  children. 


DUTIES   OF   CERTAIN    OFFICERS.  105 

Sect.  8.    The  supervisor  of  wires  is  hereby  desig-  supervisor  of 

^  .J,  wires  designated 

nated  as  the  officer  who  shall  have  authority  to  enforce  to  enforce  Act  of 

<.,  ^  -.111  -•       1900,  chapter  276. 

^he  provisions  of  chapter*  two  hundred  and  seventy-six 
of  the  Acts  of  the  General  Court  of  Massachusetts  in 
the  year  nineteen  hundred,  as  now  or  hereafter 
amended. 

*  Seepage  7S. 


106 


REVISED    ORDINANCES. 


CHAPTER  11. 

COMMITTEES. 


What  committees 
shall  be 
appointed. 


Committees  to 
report  annually 
to  finance  com- 
mittee estimate 
of  amounts 
needed  in  their 
several  depart- 
ments. 


Section. 

powers  and  duties ;  not  to 
make  expenditure  of  over 
$500  without  vote  of  city 
council. 

6.  Committee  on  printing ;  powers 
and  duties.  Not  to  make 
contract  which  shall  exceed 
$200  in  amount  without  au- 
thority from  city  council. 


Duties  of  com- 
mittee on  finance, 


Section. 

1.  What  committees  shall  be  ap- 

pointed. 

2.  Committees  to  report  annually 

to  finance  committee  esti- 
mate of  amounts  needed  in 
their  several  departments. 

3.  Duties  of  committee  on  finance. 

4.  Powers  and  additional  duties 

of  committee  on  finance. 

5.  Committee  on  city    property ; 

Section  1.  There  shall  be  appointed  by  the  city- 
council  annually  in  the  month  of  January,  the  follow- 
ing committees  : — 

A  committee  on  finance  to  consist  of  the  mayor, 
one  alderman,  the  president  of  the  common  council 
and  two  members  of  the  common  council. 

A  committee  on  city  property  ;  a  committee  on  the 
fire  department ;  a  committee  on  the  pauper  depart- 
ment ;  a  committee  on  lighting  streets,  and  a  commit- 
tee on  streets  and  sidewalks.  Each  of  these  commit- 
tees shall  consist  of  two  aldermen  and  three  members 
of  the  common  council. 

Also  a  committee  on  printing,  to  consist  of  the 
mayor,  the  president  of  the  common  council,  and  one 
member  of  the  common  council. 

There  shall  be  appointed  annually  in  the  month  of 
January  by  the  mayor  and  board  of  aldermen  a  com- 
mittee on  sewers  and  drains  to  consist  of  three  alder- 
men. 

Sect.  "Z.  The  committee  on  the  fire  department,  the 
committee  on  lighting  streets,  the  committee  on  the 
pauper  department,  the  committee  on  streets  and  side- 
walks, and  the  committee  on  sewers  and  drains  shall 
annually,  in  the  month  of  February,  prepare  and  com- 
municate to  the  committee  on  finance  an  estimate  of 
the  amount  of  money  necessary  to  be  raised  for  the 
then  current  fiscal  year,  for  the  use  of  their  respective 
departments. 

Sect.  3.  The  committee  on  finance  shall  annually, 
'  in  the  month  of  March  or  April,  prepare  and  lay  be- 


COMMITTEES.  107 

fore  the  city  council  an  estimate  of  the  amount  of 
money  necessary  to  be  raised  for  the  then  current  fis- 
cal year,  under  the  various  heads  of  appropriations, 
and  the  ways  and  means  of  raising  the  same  ;  and 
shall  also  in  the  month  of  December  annually  pre- 
pare, to  be  laid  before  the  city  council,  a  statement  of 
all  the  receipts  and  expenditures  of  the  fiscal  year  then 
passed,  giving  in  detail  the  amount  of  appropriation 
and  expenditure  for  each  department,  and  said  state- 
ment shall  be  accompanied  with  a  schedule  of  the 
property,  real  and  personal,  belonging  to  the  city,  and 
the  value  thereof,  and  of  the  amount  of  the  city  debt. 

Sect,  4.     The  committee  on  finance  shall  have  ac-  Powers  and  addi- 

,,,,,  J  •        J^  /*?-ii  •  tional  duties  of 

cess  to  all  books  and  papers  in  the  oihcial  keepmg  or  committee  on 
possession  of  any  oflBcer  of  the  city,  and  shall  have  the 
right,  and  it  shall  be  their  duty,  as  often  as  once  in 
each  year,  to  inspect  the  notes  and  securities  in  the 
official  charge  of  the  city  treasurer,  and  they  shall 
have  the  power  to  require  new  or  additional  security 
for  any  debt  due  the  city,  whenever  in  their  opinion 
the  interests  of  the  city  require  it. 

Sect.  5.    The  committee  on  city  property  shall  have  committe  on 
the  care  and  custody  of  all  the  public  property,  except  powers  and  ^* 
as  otherwise  provided  by  law  or  ordinance  ;  and  shall 
provide  all  the  labor  and  purchase  all  the  materials 
necessary  for  repairing  the  same,  and  shall  superin- 
tend all    the  repairs  thereof;    provided,  that  no  ex-  not  to  make 
penditure  exceeding  five  hundred  dollars  shall  at  any  over'Sw  without 
time  be  made,  in  the  alteration  or  repair  of  any  build-  councfi.^'*^ 
ing,  without  a  vote  of  the  city  council  expressly  au- 
thorizing the  same. 

Sect,  6.     It  shall  be  the  duty  of  the  committee  on  committee  on 
printing  to  contract  for  the  city  printing  ;  to  see  that  and  dut^es?^^^" 
the  work  performed  and  the  materials  furnished  are 
in  conformity  with  the  terms  of  the  contract,  and  to 
approve  all  bills  for  printing;    provided,  said  commit-  Not  to  m.ike  con- 
tee  shall  make  no  contract  for  printing  which  shall  ex-  Sed  »'^  fn*" 
ceed  two  hundred  dollars  in  amount,  without  first  ob-  SorUy  from' 
taining  authority  therefor  from  the  city  council.  *^"^  council. 


108 


REVISED   ORDINANCES. 


CHAPTER  VZ, 

CITY   AUDITOR. 


Section. 

1.  Appointment  of  city  auditor ; 

shall  be  sworn. 

2.  Duties  and  powers. 


Section 

3.     In  case  of  vacancy  or  inability, 

auditor  pro  tempore  shall  be 

appointed. 


Appointment  of 
city  auditor. 


Shall  be  sworn. 


Duties  and 

powers. 

To  examine  claims 

against  city ; 


to  examine 
accounts,  etc.,  of 
treasurer  and 
water  depart- 
ment; 


to  examine 
accounts  of  col- 
lector of  taxes. 


Section  1.  There  shall,  annually  during  the  naonth 
of  January,  and  whenever  a  vacancy  may  occur,  be 
appointed  by  the  mayor,  with  the  approval  of  the 
board  of  aldermen,  an  auditor  of  accounts  for  the  city 
of  Springfield  who  shall  be  a  resident  thereof,  and  who 
shall  continue  in  ofiice  for  one  year  from  the  first  of 
the  current  January  and  until  his  successor  is  appoint- 
ed and  qualified.  Before  entering  upon  the  duties  of 
his  office  he  shall  be  sworn  to  the  faithful  discharge 
thereof. 

Sect.  2.  It  shall  be  the  duty  of  said  auditor  to  care- 
fully examine  all  claims  against  the  city  (except  those 
of  the  water  department,  those  that  have  been  settled 
by  the  board  on  claims  or  by  vote  of  the  city  council, 
and  those  that  are  otherwise  provided  for  by  chapter 
No.  3),  and  ascertain  whether  all  prices  charged  are 
fair,  and  the  claims  just,  reasonable,  properly  incurred, 
and  correct.  If  he  shall  be  thus  satisfied,  he  shall 
approve  the  same  by  affixing  his  signature  thereto  in 
writing ;  and  if  not  approved  by  him,  he  shall  forth- 
with notify  the  party  certifying  the  claim  of  the 
reasons  for  his  disapproval  thereof.  He  shall,  in  the 
months  of  March,  June,  September  and  December  of 
each  year,  and  at  such  other  times  as  he  may  desire,  ex- 
amine the  accounts,  vouchers,  receipts  and  cash  of  the 
treasurer,  and  all  securities  in  his  possession,  and 
the  accounts  of  the  water  department,  and  report  to 
the  committee  on  finance  the  result  of  such  examina- 
tions ;  and  during  the  months  of  June  and  December 
of  each  year,  and  at  such  other  times  as  the  committee 
on  finance  request,  he  shall  examine  the  accounts  of 
the  collector  of  taxes  and  of  all  other  parties  account- 
able to  the  city  for  money  collected  or  received,  and 


CITY   AUDITOR.  109 

report  the  result  of  such  examinations  to  said  com- 
mittee.    He  shall,  so  far  as  may  be  necessary  for  the  shaii  have  access 

-,.,/.,  .11    to  books,  etc. 

proper  performance  of  his  duties,  have  access  to  all 
books,  documents,  and  vouchers  in  the  possession  of 
any  party  whose  accounts  he  is  authorized  to  examine 
and  which  relate  to  said  accounts.  He  shall  keep  shaiikeep 
proper  books  of  account  in  double  entry,  in  which  he  *^*'°"°  *• 
shall  charge  against  their  respective  appropriations  all 
claims  approved  by  him  as  aforesaid,  and  shall  keep 
such  other  accounts  as  he  may  deem  advisable  or  the 
committee  on  finance  direct.      He  shall  on  or  before  and  report 

annually  to  city 

the  third  Monday  in  December  of  each  year,  and  council, 
oftener  if  they  request,  lay  before  the  city  council  a 
statement  certifying  that  he  has  examined  and  audited 
said  accounts  and  the  condition  thereof,  and  make  a 
report  of  the  receipts  and  expenditures  for  the  financial 
year. 

Sect.  3.    In  case  of  a  vacancy  in  said  office  of  in  case  of  vacancy 
auditor,  or  of  his  inability  to  perform  his  duties  by  tor  pro  tempore 

«.,  1  j.iii'  n   .1  /v?         shall  be  appointed. 

reason  of  sickness  or  absence,  the  duties  or  the  omce 
shall  be  performed  by  an  auditor  pro  tempore,  who 
shall  be  appointed  by  the  mayor  and  approved  by  the 
board  of  aldermen,  and  who  shall  be  paid  out  of  the 
salary  of  the  auditor  unless  otherwise  ordered  by  the 
city  council. 


110  REVISED    ORDINANCES. 


CHAPTER  13. 

ASSESSORS   AND  ASSISTANT  ASSESSORS. 


Section. 

1.  Assistant  assessors,  when  and 

how  elected. 

2.  As.sessor8  to  meet,  organize,  and 

choose  chairman  and  secre- 
tary. 

3.  Duties  of  secretary. 

4.  Duties  of  assistant  assessors. 


Section. 

6.     Secretary  to  certify  as  to  service 
of  assistant  assessors. 

6.  Assessors  to  complete  assess- 

ment, etc.,   by  Sept.    1,  an- 
nually. 

7.  May  abate  taxes  ;    shall  report 

abatements  to  city  council. 


tary. 


Assistant  assess-  SECTION  1.  In  the  month  of  January,  or  within 
how  elected.  sixty  days  after  the  organization  of  the  council  in  each 
year,  there  shall  be  elected  by  the  city  council,  in  joint 
convention,  eight  assistant  assessors,  who  shall  hold 
office  for  one  year  from  the  first  day  of  April  in  the 
year  of  their  election.  They  shall  be  resident  citizens 
of  Springfield,  and  shall  severally  receive  for  each 
day's  service  such  sum  as  the  city  council  shall  from 
time  to  time  by  ordinance  determine. 
Assessors  to  meet,        Sect.  2.    The  assossors  shall  meet  as  soon  as  prac- 

organize,  and  ,  ^ 

choose  chairman    ticablo  after  their  election,  and  organize  themselves 

and  secretary.  •  i  j  '  o 

into  a  board,  to  be  called  the  board  of  assessors,  by  the 
choice  of  a  chairman  and  secretary  from  among  their 
own  number. 

Sect.  3.     It  shall  be  the  duty  of  the  secretary  of  the 

board  thus  organized  to  keep  the  records  of  its  doings 

in  a  book  provided  for  the  purpose,  recording  them  in 

the  order  in  which  they  occur. 

Duties  of  assistant      Sect.  4.     It  shall  be  the  duty  of  the  assistant  as- 

assessors.  *' 

sessors  to  aid  the  assessors  in  taking  the  lists  of  the 
polls  and  appraising  the  value  of  the  real  and  personal 
estate,  and  to  perform  such  other  duties  connected 
with  the  assessment  of  taxes  as  the  board  of  assessors 
may  require.  And  each  assistant  assessor  shall  be  em- 
ployed for  such  time  as  the  assessors  shall  deem 
necessary. 
Secretary  to  Sect.  5.     It  shall  be  the  duty  of  the  secretary  of  the 

fceof  a^istanT''  board  of  assossors  to  certify  the  number  of  days  that 
assessors.  ^j^^  assistant  assessors  have  severally  devoted  to  the 

service  of  the  city ;  and  the  said  assistant  assessors 
shall  severally  receive  pay  only  for  such  number  of 
days'  service  as  shall  have  been  so  certified. 


ASSESSORS   AND   ASSISTANT  ASSESSORS. 


Ill 


Sect.  ().     The  assessors  shall  annually  complete  the  AHsessors  to  com- 

,«,  J  'xxi  -ji^i  plete  assessment, 

assessment  of  taxes  and  commit  the   same  with  the  etc.,  bv  sept.  i, 

warrants  to  the  collector  by  the  first  day  of  September.  *°''"*  ^' 

Sect.  7.    The  assessors  of  each  year  are  authorized  May  abate  taxes; 

in  their  discretion  to  abate  any  taxes  assessed  by  abatements  to 

them,  and  they  shall  report  a  list  of  such  abatements  city  council. 
to  the  city  council  on  or  before  the  first  day  of  Decem- 
ber in  each  year. 


112 


REVISED    ORDINANCES. 


CHAPTER  14. 

CITY   MESSENGER. 


City  messenger 
when  and  how 
elected ; 


term  of  office. 


Duties  as  to  serv- 
ing notices  etc. 


Duties  as  to  care 
of  rooms  and 
attendance  upon 
city  council. 


Section. 

6.     Shall  receive  no  fees,  except, 
etc. 

6.  Duties    as    to   grounds, 

around  city  hall. 

7.  Duties  as  to  warming  and  light- 

ing city  hall  building,  and  as 
to    ward  rooms. 


etc., 


Section. 

1.  City  messenger,  when  and  how 

elected ;  term  of  office. 

2.  Duties  as  to  serving  notices,  etc. 

3.  Duties  as  to  care  of  rooms,  and 

attendance  upon  city  council. 

4.  Duties  as    to    city  hall  when 

rented.     May  procure  assist- 
ance in  certain  cases. 

Section  1.  There  shall  be  elected  annually  on  the 
first  Monday  of  February,  or  within  sixty  days  there- 
after, by  concurrent  vote  of  the  two  branches  of  the 
city  council,  a  messenger,  who  shall  hold  his  office  for 
one  year  from  the  first  Monday  in  April  of  the  year  in 
which  he  is  chosen,  and  until  another  is  chosen  and 
qualified  in  his  stead,  unless  sooner  removed  by  the 
vote  of  the  city  council. 

Sect.  2.  The  messenger  shall  receive,  deliver  and 
execute  all  notifications,  summonses  and  precepts,  the 
service  of  which  is  not  otherwise  provided  for,  issued 
by  the  mayor,  the  president  of  the  common  council, 
the  city  council  or  either  branch  thereof,  or  by  any 
committee  of  the  same,  and  make  due  return  thereof. 
He  shall  notify  all  committees  of  their  meetings,  upon 
request  of  the  city  clerk,  clerk  of  the  common  council, 
or  the  chairman  of  such  committee.  He  shall  receive 
and  deliver  all  notifications  to  officers  elected  or  ap- 
pointed by  the  city  council,  or  either  branch  thereof, 
and  to  all  officers  elected  at  ward  meetings,  except  as 
otherwise  provided  by  law  or  ordinance. 

Sect.  3.  He  shall  prepare  and  arrange  the  rooms 
in  which  the  city  council  shall  hold  their  sessions,  or 
in  which  any  committee  of  either  branch  shall  hold  its 
meetings,  and  see  that  the  same  are  properly  and 
seasonably  warmed  and  lighted.  He  shall  attend  upon 
both  branches  of  the  city  council  while  in  session,  and 
upon  either  branch  when  in  session  separately,  and, 
under  direction  of  the  proper  committee  or  officers, 
provide  such  things  as  may  be  necessary  for  their 
accommodation,  or  for  the  accommodation  of  com- 
mittees while  in  session. 


CITY   MESSENGER.  II3 

Sect.  4.    Whenever  the  hall  or  any  rooms  connected  Duties  m  to  city 
with  the  city  hall  building  are  rented,  and  it  is  required  May  procure 
that  the  settees  be  moved  or  the  floors   washed,  or  certain  cases. 
when  the  duties  named  in  this  chapter  by  him  to  be 
performed  are  such  that  he  is  unable  personally  to  per- 
form them  all,  he  may,  with  the  consent  of  the  com- 
mittee on  city  property,   procure  such  assistance  as 
may  be  necessary  in  addition  to  his  own  labor,  and  the 
bills  therefor,  when   properly  approved,  shall  be  paid 
by  the  city  treasurer. 

Sect.  5.     He  shall  in  no  case  receive  any  fee  for  his  shaii  receive  no 
own  services  in  or  about  the  city  hall  building  except    ®®^®**^p'>® 
for  services  at  balls,  fairs,  or  festivals  after  the  hour 
of  nine  o'clock,  p.  m. 

Sect.  6.     It  shall  be  his  duty  to  keep  the  grounds  Duties  as  to 
around  the  city  hall  building  in  good  order,  and  the  MoSndciS*^haii. 
walks  and  steps  free  from  snow  and  ice.     It  shall  also 
be  his  duty  to  take  care  of  the  city  hall  clock. 

Sect.  7.     He  shall  keep  all  the  rooms  in  the  city  hall  Duties  as  to 

I'll-  1  11-111  warming  and 

building  properly  warmed  and  lighted  whenever  used  lighting  city  haii 

J.  ..  ,  ...,  .  ,.      building,  and  as  to 

for  city  purposes,  or  by  permission  of  the  city  authori-  wardrooms. 

ties,  both  week  days  and  Sundays,  and  shall  see  that 

at  all  times  they  are  kept  clean  and  in  good  order.     He 

shall  prepare  the  rooms  selected  for  ward  meetings, 

and  have  the  same  properly  warmed  and  lighted,  and 

put  in  good  order  when  the  meetings  have  adjourned. 


114 


REVISED    ORDINANCES. 


CHAPTER  15. 

ASSISTANT  CITY  CLERK. 


Assistant  city 
clerk,  liow  and 
-wben  appointed 


term  of  office, 
and  removal. 


Duties ; 


compensation. 


Section. 

1.    Assistant  city  clerk,  how  and 


when     appointed ;    term 
office,  and  removal. 


of 


Section. 
2.    Duties 


compensation. 


Section  1.  There  may  be  appointed  from  time  to 
time  as  occasion  may  require,  an  assistant  city  clerk 
for  the  city  of  Springfield.  Said  assistant  shall  be 
nominated  by  the  city  clerk  to  the  board  of  aldermen, 
confirmed  by  said  board  and  sworn  to  the  faithful  dis- 
charge of  his  duties.  He  shall  hold  his  office  for  such 
time  as  the  occasion  may  require,  to  be  determined  by 
the  city  clerk,  by  whom  he  may  be  removed  at  any 
time,  subject  to  the  approval  of  the  board  of  aldermen. 

Sect.  2.  It  shall  be  the  duty  of  said  assistant  city 
clerk  to  assist  the  city  clerk  in  recording,  indexing 
and  certifying  mortgages  of  personal  property,  assign- 
ments of  wages  and  other  documents  required  by  law 
to  be  recorded,  and  also,  if  necessary,  to  attest  docu- 
ments as  provided  in  section  sixteen  of  chapter  twenty- 
six  of  the  Revised  Laws,  and  perform  all  other  duties 
pertaining  to  the  office  of  city  clerk  when  thereto 
requested  by  him,  or  when  the  office  of  city  clerk  shall 
be  vacant  from  any  cause  ;  and  said  assistant  city 
clerk's  compensation  for  services  shall  be  paid  from 
such  sum  as  the  city  council  has  allowed  or  may  here- 
after allow  for  clerical  assistance  in  the  city  clerk's 
office. 


ENGINEERING    DEPARTMENT. 


115 


CHAPTER  16. 

ENGINEERING  DEPARTMENT. 


Section. 

8.  City      engineer     to     examine 

bridges  and  report,  when. 

9.  City    engineer   shall    assign  a 

number  to  tenements  and 
buildings.  How  numbers 
shall  be  assigned.  Shall  not 
renumber  a  street  without 
order  of  mayor  and  alder- 
men. 

Mayor  and  aldermen  may 
order  a  street  renumbered. 

Owner  or  occupant  of  building 
or  tenement  shall  place  and 
maintain  thereon  numbers 
assigned  by  city  engineer. 

Penalty. 

City  engineer  may  place  num- 
ber on  building  or  tenement. 

Record  of  numbering. 

City  engineer  to  report  annu- 
ally. 


10 


11 


12. 
13. 

14. 
15. 


Section. 

1.  Engineering  department  to  be 

in  charge  of  city  engineer, 
how  and  when  chosen  ;  com- 
pensation, term  of  office. 

2.  City  engineer  to  have  charge  of 

plans,  etc.,  shall  index  them, 
may  make  rules  to  insure 
their  safety. 

3.  All  plans,  etc.,  to  be    property 

of  city. 

4.  Board  of    supervisors,   powers 

of.  City  engineer,  duties  of, 
in  general. 
6.  Employment  and  compensa- 
tion of  assistants;  incurring 
expenses  within  appropria- 
tion, etc. 

6.  City    engineer,    duties     as    to 

public  works,  bridges,  etc. ; 
shall  certify  as  to  perform- 
ance of  city  contracts. 

7.  Notice    of    encroachments    on 

public  streets. 

Section  1.  The  engineering  department  shall  be 
under  the  charge  of  the  city  engineer,  who  shall  be  a 
resident  of  Springfield  and  shall  be  chosen  annually  by 
concurrent  vote  of  the  city  council.  He  shall  be 
removable  at  the  pleasure  of  the  city  council,  and  shall 
receive  such  compensation  as  the  city  council  may 
determine.  He  shall  hold  his  office  until  a  successor  is 
appointed,  unless  sooner  removed. 

Sect.  2.  The  city  engineer,  under  the  direction  of 
the  city  council,  shall  have  charge  of  all  the  plans, 
profiles,  field  notes,  measurements  and  other  data,  of 
8tr,eets,  sidewalks,  drains,  sewers,  culverts,  bridges, 
and  structures  of  every  kind,  not  specifically  belong- 
ing to  other  departments,  and  shall  keep  the  same 
properly  classified  and  indexed,  and  be  may  make  such 
rules  and  regulations,  concerning  the  taking  of  plans 
from  his  office,  as  he  may  deem  necessary  to  insure 
their  safety. 

Sect.  3.  All  plans,  delineations,  estimates  and  re- 
ports together  with  all  field  books,  notes  and  other 


Engineering  de- 
partment to  be  in 
charge  of  city 
engineer,  how  and 
when  chosen ; 


compensation, 
term  of  office. 


City  engineer  to 
have  charge  of 
plans,  etc. ; 


shall  index  them ; 
may  make  rules 
to  insure  their 
safety. 


All  plans,  etc., 
to  be  property 
of  city. 


116 


REVISED    ORDINANCES. 


Board  of  super- 
visors, powers  of. 


City  engineer, 
duties  of,  in 
general. 


Employment  and 
compensation  of 
assistants ; 


incorrinK  ex- 
penses within 
appropriation,  etc 


City  engineer, 
duties  as  to  pub- 
lic works,  bridges, 
etc. : 


memoranda  made  by  the, city  engineer  or  any  of  his 
assistants  in  connection  with  their  official  duties,  shall 
be  and  remain  the  property  of  the  city. 

Sect.  4.  The  board  of  supervisors  of  highways  and 
bridges  shall  exercise  a  general  supervision  over  all 
matters  within  said  department.  The  city  engineer 
shall,  under  the  direction  of  said  board  of  supervisors, 
make  the  surveys,  measurements,  levels,  and  esti- 
mates, and  perform  the  other  ordinary  duties  of  a  civil 
engineer,  in  the  laying  out,  establishing  and  construct- 
ing of  streets,  sidewalks,  drains,  sewers,  and  the 
constructing  of  other  public  works  delegated  to  or 
undertaken  by  his  department,  and  shall,  either  by 
himself  or  his  assistants,  make  such  surveys,  plans, 
profiles,  estimates  and  descriptions  as  may  be  required 
of  him  by  the  mayor  and  aldermen,  the  city  council  or 
any  committee  thereof,  and  the  city  solicitor,  and  he 
shall  perform  all  such  other  services  for  the  city  which 
properly  come  under  the  direction  of  a  civil  engineer, 
as  may  be  required  of  him  by  the  mayor,  board  of 
aldermen,  city  council,  or  any  committee  thereof,  the 
city  solicitor,  or  board  of  water  commissioners. 

Sect.  5.  He  may,  from  time  to  time,  employ  such 
assistants  as  he  shall  require  in  the  performance  of 
his  duties,  and  shall  determine  their  compensation,  in 
accordance,  however,  with  the  ordinances  of  the  city, 
and  within  the  appropriation  for  said  department,  and 
subject  to  the  approval  of  the  board  of  supervisors. 
He  may  expend  such  sums  for  materials  or  incidental 
expenses  as  may  be  necessary  ;  provided,  however, 
that  all  such  expenditures  for  employment  of  assist- 
ants and  for  materials  and  other  incidentals  shall  be 
limited  to  the  amount  actually  appropriated  by  the  city 
council  for  the  engineering  department,  and  shall  be 
subject  to  the  approval  of  said  board  of  supervisors. 

Sect.  6.  Unless  otherwise  specially  provided,  he 
shall  take  charge  of  the  construction  of  all  public 
works  of  the  city  which  properly  come  under  the  di- 
rection of  a  civil  engineer  ;  shall  perform  all  engineer- 
ing services  and  make  all  examinations  and  prepare  all 
statements,  plans,  specifications  and  contracts  which 
any  department  may  need  in  the  discharge  of  its  duties ; 
shall  supervise  all  repairs  on  the  bridges  used  as  high- 
ways, which  affect  the  safety  of  the  structure,  and 
when  required  by  the  mayor,  or  by  any  officer  or  board 
in  charge  of  a  department,  shall  measure  the  work 


ENGINEERING    DEPARTMENT. 


117 


done  by  contract  for  the  city,  and  certify  to  the  results 
of  such  measurements,  and  perform  such  other  services 
as  may  be  required. 

•  Sect.  7.  Whenever  he  shall  ascertain  that  any 
building  or  structure  has  been  placed  within  the  lines 
of  a  public  street,  or  so  that  it  may  cause  injury  thereto 
or  inconvenience  to  travelers  thereon,  he  shall  imme- 
diately give  notice  thereof  in  writing  to  the  mayor. 

Sect.  8.  He  shall  annually,  or  oftener  if  required 
by  the  board  of  supervisors,  carefully  examine  all 
bridges  within  the  city  limits,  and  make  such  reports 
to  said  board  respecting  their  condition  as  to  safety, 
need  of  renewal  or  repairs,  as  the  case  may  require. 

Sect.  9.  It  shall  be  the  duty  of  the  city  engineer 
to  assign  numbers  to  all  tenements  and  buildings  on 
streets  in  the  city  of  Springfield,  except  the  sparsely 
settled  portions  thereof.  Said  numbers  shall  each 
cover  a  frontage  of  twenty  feet,  more  or  less,  at  the 
discretion  of  the  city  engineer,  and  be  measured  con- 
tinuously from  end  to  end  of  the  street,  with  the  odd 
numbers  on  the  southerly  and  easterly  sides,  and  the 
even  numbers  on  the  northerly  and  westerly  sides  of 
all  streets,  so  far  as  practicable.  On  any  streets  already 
wholly  or  partially  numbered,  said  city  engineer  shall 
assign  such  numbers  as  he  shall  deem  best  to  correspond 
with  the  majority  of  numbers  already  in  use  on  said 
street ;  he  shall  also  assign  a  new  number  wherever 
he  finds  that  the  number  in  use  fails  thus  to  correspond, 
but  he  shall  not  have  authority  to  renumber  a  street 
unless  such  renumbering  is  ordered  by  the  mayor  and 
aldermen. 

Sect.  10.  The  mayor  and  aldermen  may  order  a 
street  renumbered  whenever  they  deem  it  necessary. 

Sect.  11.  The  owner  and  occupant  of  every  tene- 
ment and  building  situated  within  the  limits  prescribed, 
shall  cause  to  be  placed  and  maintained  on  or  over  the 
outside  doors  fronting  the  street,  or  on  front  corners  of 
every  tenement  or  building  having  their  entrances  on 
the  sides  thereof,  such  number  or  numbers  as  may  be 
assigned  thereto  by  the  city  engineer,  under  any  of 
the  provisions  of  this  chaptet,  said  numbers  or  figures 
not  to  be  less  than  three  inches  in  height,  and  to  be  so 
placed  as  to  be  easily  observed  from  the  street  in  front 
of  the  premises. 

Sect.  12.  Whoever  shall  refuse  or  neglect  to  com- 
ply with  the  provisions  of  this  chapter  within  thirty 


shall  certify  as  to 
performance  of 
city  contracts. 


Notice  of  en- 
croachments on 
public  streets. 


City  engineer  to 
examine  bridges 
and  report,  when. 


City  engineer 
shall  assign  a 
number  to  tene- 
ments and  build- 
ings. 

How  numbers 
shall  be  assigned. 


Shall  not  renum- 
ber a  street  with- 
out order  of  mayor 
and  aldermen. 

Mayor  and  alder- 
men may  order  a 
street  renum- 
bered. 

Owner  or  occu- 
pant of  building 
or  tenement  shall 
place  and  main- 
tain thereon 
numbers  assigned 
by  city  engineer. 


Penalty. 


118  REVISED   ORDINANCES. 

days  after  a  notice  in  writing  delivered  to  the  owner 
or  occupant  of  such  tenement  or  building  of  the  num- 
ber or  numbers  so  assigned  by  the  city  engineer,  shall, 
for  each  and  every  offense,  forfeit  and  pay  a  penalty 
of  not  less  than  two  nor  more  than  twenty  dollars. 
City  engineer  may       Sect.  13.     If  the  Owner  or  occupaut  of   any  tene- 

E lace  number  on  j.         i_     -ij-  j?    -i     j.  ^  J^^  •  i 

uiiding  or  tene-   mcut  or  buildmg  fails  to  number  the  same  m  accord- 

™*°  '  ance  with  the  provisions  of  this  chapter,  it  shall  be  the 

duty  of  the  city  engineer,  or  his  authorized  agent,  to 
place  the  proper  number  or  numbers  thereon,  and  the 
cost  thereof  may  be  assessed  by  the  mayor  and  alder- 
men upon  said  owner  or  occupant. 

Record  of  number-  Sect.  14.  The  city  engineer  shall  keep  a  suitable 
record  in  his  office  of  all  numbering. 

City  engineer  to  Sect.  15.     The  city  engineer  shall  annually,  in  the 

report  annually.  i        /.   -r^.  i  i  ■ 

month  of  December,  present  to  the  city  council,  a  re- 
port in  relation  to  his  department,  showing  the  num- 
ber of  persons  employed,  the  detailed  expenses  of  the 
department,  the  general  nature  of  the  work,  the  prop- 
erty under  his  charge,  the  condition  of  all  structures 
that  come  under  his  supervision  that  are  in  process  of 
construction,  or  that  have  been  completed  during  the 
previous  year,  and  such  other  general  information  in 
relation  to  the  same,  as  he  may  deem  expedient,  or  as 
said  board  of  supei"visors  may  require. 


CITY    PHYSICIAN. 


.119 


CHAPTER  17. 

CITY    PHYSICIAN. 


Section. 

I.  City  physician,  when  and  how 
appointed  ;  tenure  of  office  ; 
vacancies,  how  filled ;  nomi- 
nations in  case  of  vacancies. 


Section. 

2.  Shall  be  citizen  and  doctor  of 

medicine  and  ex  officio  mem- 
ber of  board  of  overseers  of 
the  poor.     Duties. 

3.  Salary. 


Section  1.  The  mayor,  with  the  approval  of  the 
board  of  aldermen,  shall,  upon  the  expiration  of  the 
term  of  office  of  the  present  city  physician,  and  every 
third  year  thereafter,  on,  or  within  sixty  days  after 
the  first  Monday  of  February,  appoint  some  suitable 
person  to  be  city  physician  for  the  term  of  three  years 
from  the  first  Monday  of  April  then  following ;  and 
the  person  so  appointed  shall  hold  office  for  the  term 
aforesaid  and  until  his  successor  is  duly  appointed  in 
his  stead  ;  provided,  however,  that  he  may  be  at  any 
time  removed,  for  cause,  by  the  mayor,  with  the  ap- 
proval of  the  board  of  aldermen ;  and  in  case  of  any 
vacancy  arising  from  any  cause  in  the  office  of  city 
physician,  a  new  appointment,  in  the  manner  of  the 
original  appointment,  may  be  made  to  fill  the  same  for 
the  remainder  of  the  unexpired  term,  and  a  nomina- 
tion therefor  shall  be  made  by  the  mayor,  within  thirty 
days  after  the  occurrence  of  such  vacancy  or  the  re- 
jection of  any  previous  nomination. 

Sect.  2.  The  city  physician  shall  be  a  citizen  of 
Springfield  and  a  doctor  of  medicine,  and  shall  be  ex 
officio,  a  member  of  the  board  of  overseers  of  the  poor. 
It  shall  be  his  duty,  in  addition  to  the  duties  which  de- 
volve upon  him  by  statute  and  as  a  member  of  said 
board,  to  attend  upon  all  patients  and  insane  persons 
under  the  care  of  the  overseers  of  the  poor,  at  the 
almshouse  or  elsewhere  ;  and  to  report  annually,  in 
the  month  of  January,  to  the  city  council  a  list  of  the 
deaths  of  such  patients  occurring  in  the  city  during 
the  preceding  calendar  year,  stating  the  age,  sex  and 
cause  of  death  of  each  person,  as  far  as  ascertainable, 
and  also  to  render  a  report  to  the  city  council  of  the 


City  physician, 
when  and  how 
appointed ;  tenure 
of  office ;  vacan- 
cies, how  filled; 
nominations  in 
case  of  vacancies. 


Shall  be  citizen 
and  doctor  of 
medicine  and  ex 
officio  member  of 
board  of  overseers 
of  the  poor. 
Duties ; 


annual  report; 


120 


REVISED   ORDINANCES. 


professional  services  performed  by  him  during  the 
year  with  such  suggestions  and  recommendations  as 

vaccination;  he  may  docm  advisable.  He  shall  vaccinate  all  such 
paupers  as  the  overseers  of  the  poor  may  require,  and 
all  pupils  of  the  public  schools  who  may  be  sent  to  him 
for  that  purpose  by  the  order  of  the  school  committee, 
and  shall  give  certificates  to  all  such  pupils  as  he  shall 
have  effectually  vaccinated.  He  shall  examine  all 
candidates  for  appointment  to  the  police  force  ^nd  the 
fire  department ;  shall  examine  and  report  upon  the 
condition  of  all  members  of  the  police  force  and  the 
fire  department  and  all  employees  of  the  city  who 
may  claim  to  be  incapacitated  from  the  performance 
of  their  several  duties,  when  requested ;  shall  attend 
and  render  all  necessary  medical  and  surgical  treat- 
ment at  the  police  station  to  police  officers  injured 
wTiile  on  duty,  and  to  prisoners  and  other  persons  tem- 
porarily in  charge  of  the  police  upon  the  request  of  the 
officer  in  charge  of  the  station  ;  and,  upon  due  appli- 
cation, shall  execute  the  certificate  of  the  cause  of 
death  to  the  best  of  his  knowledge  and  belief,  when 
no  physician  has  been  in  attendance  upon  a  person 
dying  in  the  city.  He  shall,  upon  request  of  the  mayor 
or  city  solicitor,  examine  and  investigate  the  condition 
of  all  persons  who  may  sustain  injuries  by  reason  of 
accidents  whereby  the  city  may  become  liable,  and 
render  a  written  report  thereon  ;  and  shall,  as  witness 
or  otherwise,  render  such  professional  aid  in  court  or 
elsewhere  as  the  city  solicitor  may  request  in  all  suits 
or  matters  wherein  the  city  is  interested.  In  case  of 
the  prevalence  or  impending  of  any  infectious  or  con- 
tagious disease  within  the  city,  he  shall  give  to  the 
mayor  and  to  either  branch  of  the  city  council,  and  to 
the  board  of  health,  and  its  physician,  all  such  profes- 
sional advice  and  counsel  as  may  be  required  by  any 
of  them.  He  shall  also  perform  such  other  professional 
services  for  the  city  as  may  be  required  by  the  mayor, 
the  city  council,  the  board  of  overseers  of  the  poor,  the 
ordinances  or  by-laws. 

Salary.  Sect.  3.    The  city  physician  shall  receive  such  salary 

as  the  city  council  may  from  time  to  time  by  ordinance 
determine,  which  shall  be  in  full  for  all  services  per- 
formed by  him. 


examination  of 
candidates  for 
police  and  lire  de- 
partments ; 


and  of  incapaci- 
tated employees 
of  the  city ; 

treatment  at 
police  station; 


certificates  of 
deatb; 


to  examine  and 
report  in  certain 
cases  of  personal 
injury ; 


contagious  dis- 
eases, etc. 


CITY    FORESTER. 


121 


CHAPTER  18. 

CITY   FORESTER. 


Section.  -{ 

1.  Appointment ;  duties,  tenure  of 

office. 

2.  To  act  under  direction  of  super- 

visors    of     highways     and 
bridges. 


Section. 

3.  Wires,  etc.,  not  to  be  attached 

to  trees  without  his  consent. 
Wires  now  attached  to  trees 
may  be  removed. 

4.  Penalty. 


Section  1.  There  shall  annually,  during  the  month 
of  January,  and  whenever  a  vacancy  may  occur,  be 
appointed  by  the  mayor,  with  the  approval  of  the  board 
of  aldermen,  a  city  forester  to  have  the  care  of  the 
trees  belonging  to  the  city,  and  to  act  under  the  pro- 
visions of  section  ten  of  chapter  fifty-one  of  the  Re- 
vised Laws.  He  shall  continue  in  office  for  one  year  and 
until  his  successor  is  appointed  and  qualified  ;  provided, 
however,  that  the  mayor  may  remove  him  at  any  time. 

Sect.  2.  The  city  forester  shall  act  under  the  di- 
rection of  the  supervisors  of  highways  and  bridges,  and 
devote  his  entire  time  to  the  service  of  the  city,  and 
perform  such  other  duties  in  addition  to  his  services  as 
city  forester  as  the  said  supervisors  may  direct. 

Sect.  3.  No  electric  wires,  cables,  guys,  poles,  cross 
arms,  brackets,  insulators  or  other  wires  or  fixtures 
shall  be  attached  to  or  come  in  contact  with  any  tree 
standing  for  use  or  ornament  in  any  public  street,  lane, 
court,  park,  or  other  public  place  in  the  city,  without 
the  consent  of  the  city  forester. 

All  wires,  cables,  guys,  and  wire  fixtures  now  at- 
tached to  or  in  contact  with  such  trees  shall  be  remov- 
ed when  so  ordered  by  the  city  forester,  and  it  shall  be 
the  duty  of  the  supervisor  of  wires  to  remove  such 
wires,  cables,  guys,  and  fixtures  when  requested  so  to 
do  by  the  city  forester  ;  the  cost  of  such  removal  to  be 
charged  to  the  company  owning  such  wires,  cables,  or 
fixtures. 

Sect.  4.  Whoever  violates  the  provisions  of  the 
preceding  section  shall  forfeit  not  less  than  five  nor 
more  than  twenty  dollars  for  each  offense. 


Appointment ; 


duties ; 


tenure  of  ofSce. 


To  act  under 
direction  of 
supervisors. 


Wires,  etc.,  not  to 
be  attached  to 
trees  without  his 
consent. 


Wires  now 
attached  to  trees 
may  be  removed. 


Penalty. 


122 


REVISED   ORDINANCES. 


CHAPTER  19. 

SUPERINTENDENT  OP  STREETS. 


To  be  chosen  an- 
nually by  city 
council. 


Tenure  of  office. 


How  removed ; 
vacancy,  how 
flUed. 


Assistants  may  be 
appointed; 


compensation. 


Duties  of  superin- 
tendent in  general. 


Section. 

4.  Duties  as  to  stables,  horses,  etc.; 

as  to  cleaning  streets,  etc. 

5.  Duties  as  to  accounts ;  to  report 

annually  as  to  expenses,  work 
done,  and  property  under  his 
charge. 


To  make  contraots 
for  labor,  etc. 


Duties  as  to  sta- 
bles, horses,  etc. ; 


Section. 

1.  To  be  cl^osen  annually  by  city 

council;  tenure  of  ofiBce    How 
removed;  vacancy, how  filled. 

2.  Assistants  may  be  appointed. 

Compensation. 

3.  Duties    of    superintendent    in 

general ;    to  make  contracts 
for  labor,  etc. 

Section  1.  There  shall  be  chosen  annually  on  the 
first  Monday  of  February  or  within  sixty  days  there- 
after, by  concurrent  vote  of  the  two  branches  of  the 
city  council,  a  superintendent  of  streets,  who  shall, 
unless  sooner  removed,  hold  his  office  for  one  year 
from  the  first  Monday  of  April  in  the  year  in  which  he 
shall  be  chosen,  and  until  his  successor  is  chosen  and 
qualified.  He  shall  be  removable  at  the  pleasure  of  the 
city  council,  and  a  vacancy  may  be  filled  at  any  time 
for  the  unexpired  term  ;  said  superintendent  shall  re- 
ceive such  compensation  for  his  services  as  the  city 
council  shall  from  time  to  time  determine. 

Sect.  2.  The  said  superintendent  is  authorized  to 
appoint,  subject  to  the  approval  of  the  board  of  alder- 
men, two  assistants  to  act  under  his  control  and  direc- 
tion, who  shall  receive  such  compensation  as  the  city 
council  may  from  time  to  time  determine.  The  said 
assistants  may  be  removed  at  any  time  by  the  said 
superintendent,  or  the  board  of  aldermen. 

Sect.  3.  It  shall  be  the  duty  of  the  superintendent 
of  streets,  under  the  general  care  and  direction  of  the 
supervisors  of  highways  and  bridges,  to  superintend 
the  general  state  of  the  streets,  roads,  sidewalks,  lanes, 
bridges,  public  places,  and  squares  of  the  city ;  to  at- 
tend to  the  making,  widening,  or  alteration  of  the 
same  ;  to  cause  the  same  to  be  kept  in  good,  sufficient, 
and  suitable  repair ;  and  when  so  ordered,  to  make  all 
contracts  for  the  supply  of  labor  and  materials  therefor. 

Sect.  4.  The  said  superintendent,  under  the  control 
and  direction  of  the  said  board  of  supervisors,  shall 
have  the  care  and  superintendence  of  the  city  stables, 


SUPERINTENDENT  OF  STREETS.  123 

horses,  carts,  vehicles,  tools,  implements,  and  other 
property  of  the  city,  belonging  to  or  attached  to  this 
department,  and  shall  see  that  the  same  are  kept  in 
good  order  and  condition,  and  shall  make  all  necessary 
arrangements  for  cleaning  the  streets,  and  disposing  as  to  cleaning 
of  manure,  refuse  and  street  dirt. 

Sect.  5.     The  said  superintendent  shall   keep  an  Duties  as  to 
exact  account  of  the  expenditures  in  this  department,  **'*'°"'*  *• 
with   the  names  of  all  persons  who  have  furnished 
materials,  and  of  all  workmen,  and  the  amount  due  to 
each  individual,  and  shall  lay  the  same  before  the  said 
board  of  supervisors,  for  their  examination  and  allow- 
ance, at  such  times  as  the  said  board  may  direct ;  and 
he  shall,  annually  on  or  before  the  last  Monday  in  De-  to  report  annually 
cember,  make  and  render  to  the  city  council  a  report  work^ddne",*and  as 
containing  a  general  statement  of  the  expenses  of  this  Ms^charge^ 
department  during  the  preceding  fiscal  year,  and  speci- 
fying, as  near  as  may  be,  the  amounts  expended  upon 
different  streets  for  sidewalks,  number  of  feet  of  curb- 
stones laid,  number  of  yards  of  paving  and  cost  of 
same,  and  such  other  information  as  he  may  consider 
desirable,  together  with  a  schedule,  in  detail,  of  the 
property  under  his  charge  belonging  to  the  city. 


124 


REVISED    ORDINANCES. 


CHAPTER  20. 

SCHOOLS. 


Section. 

1.  School  committee,  of  whom  to 

consist. 

2.  How  and  when  to  be  elected. 

How  divided  among  wards. 
Tenure  of  office. 

3.  "  At  large  "  and  "  ward  "  com- 

mittee, how  designated  on 
ballots. 

4.  Committee  to  present  annually 

estimates  of  expenses  for 
schools,  etc.,  to  finance  com- 
mittee. 

5.  Not  to  fix  salaries  of  teachers 

to  exceed  appropriations. 

6.  Superintendent  of  schools,  how 

appointed  ;  powers  ;  to  have 
money  for  expenses  in  case 
of  emergency  ;  bills  to  be  ap- 
proved in  usual  manner; 
money  advanced  to  be  re- 
turned. 

7.  Schoolhouse    agent,   how   and 

when  to  be  elected  ;  to  have 
charge  of  schoolhouses,  etc  , 
subject  to  committee. 


Section. 

8.  Schoolhouse  agent,  duties  of. 

9.  Restriction   upon  agent  &s  to 

expenditures  upon  school- 
houses,  etc. 

10.  Restriction  upon  agent  as  to 

expenditures  for  articles  for 
use  of  schools. 

1 1 .  Restrictions  as  to  expenditures 

by  committee  on  city  prop- 
erty ;  what  bills  may  be 
contracted  and  approved  by 
committee  on  city  property  ; 
what  by  school  committee. 

12.  Agent  to  keep  accounts,  open 

to  inspection. 

13.  To    report   annually    to   city 

council. 

14.  Accounts  and  books  of  agents, 

by  whom  to  be  examined. 

15.  Terms  on  which  children  re- 

siding on  United  State* 
grounds  may  be  sent  to  pub- 
lic schools. 


School  committee, 
of  whom  to  con. 
sist. 


How  and  when  to 
be  elected. 


How  divided 
among  wards. 


Tenure  of  office. 


Section  1.  The  school  committee  of  the  city  shall 
consist  of  nine  persons,  one  of  whom  shall  be  chosen 
from  the  city  at  large,  and  one  from  each  of  the  several 
wards. 

Sect.  2.  The  school  committee  shall  be  elected  at 
large,  by  the  qualified  voters  Of  the  city.  At  the 
annual  election  on  the  Tuesday  after  the  first  Monday 
of  December  in  the  year  one  thousand  nine  hundred 
and  six,  there  shall  be  chosen  members  of  the  commit- 
tee from  Wards  One  and  Two,  and  the  member  from 
the  city  at  large.  At  the  annual  election  in  the  year 
one  thousand  nine  hundred  and  four,  there  shall  be 
chosen  members  of  the  committee  from  Wards  Three, 
Four,  and  Five  ;  at  the  annual  election  in  the  year  one 
thousand  nine  hundred  and  five,  there  shall  be  chosen 
members  of  the  committee  from  Wards  Six,  Seven,  and 
Eight,  each  of  whom  shall  liold  his  office  for  three 
years  from  the  first  Monday  of  January  succeeding  his 
election ;  and  at  each  subsequent  election  there  shall 


SCHOOLS.  .  125 

be  elected  three  members  of  the  school  committee  to 
hold  their  office  for  the  term  of  three  years,  as  succes- 
sors to  those  whose  term  of  office  expires  with  the  then 
current  municipal  year. 

Sect.  ;}.    In  voting  for  the  school  committee  at  the  "At  large -and 

,.  1-1  ni  Ti  P  ward "  com- 

annual  city  election,  the  name  of  the  candidate  for  mittee,  how  desig- 

1  ~     ,  .  -.  ,  .  in    Dated  on  ballots. 

member  of  the  committee  from  the  city  at  large  shall 
be  indicated  on  the  ballot  by  the  words  "at  large" 
and  the  names  of  those  who  are  candidates  for  mem- 
bers of  the  committee  from  the  several  wards  re- 
spectively shall  be  indicated  by  the  numbers  of  the 
wards  from  which  they  are  respectively  to  be  chosen. 

Sect.  4.      Said  committee    shall    annually  in  the  committee  to 
month  of  February  present  to  the  committee  on  finance  estTmateToTex-^ 
an  estimate  in  writing  of  the  expenses  of  the  public  etc°!toflnance°'*'*' 
schools  for  the  then  current  fiscal  year,  stating  the  <=«™™^*'*®- 
amount  required  for  salaries  for  the  teachers,  for  inci- 
dental expenses,  and  for  the  alteration  and  repair  of 
schoolhouses. 

Sect.  5.    Said  committee  shall  not  fix  the  salaries  of  Not  to  ax  salaries 
the  teachers  in  the  public  schools  at  such  rates  that  the  cpl  appropHa-^' 
aggregate  amount  of  all  said  salaries  shall   in  any  *'^°** 
fiscal  year  exceed  the  sum  named  for  that  purpose  in 
the  annual  appropriation. 

Sect.  6.      Said  committee    shall,   annually  in  the  superintendent  of 
month  of  January,  appoint  a  superintendent  of  public  pointed.  °^  *^' 
schools  who,  under  the  direction  and  control  of  said  Powers, 
comtnittee,  shall  have  the  care  and  supervision  of  the 
schools. 

The  city  treasurer  shall  pay  over  to  said  superin-  to  have  money  for 

.         ,        .  /..  ii        J        ji       1  /.    -r-w  1  •        expenses  In  case 

tendent,  as  soon  after  the  tenth  day  of  December  in  of  emergency. 
each  year  as  said  superintendent  may  desire,  the  sum 
of  one  hundred  dollars  ;  the  same  to  be  paid  on  the 
written  request  of  the  school  committee,  approved  by 
the  mayor,  and  to  be  charged  to  the  appropriation  for 
schools  for  the  then  current  fiscal  year.  Said  money 
shall  be  kept  by  said  superintendent  apart  from  any 
money  of  his  own  and  as  the  mioney  of  the  city,  and 
shall  be  used  only  for  such  necessary  expenses  as  may 
be  called  for  by  any  emergency  which  must  be  met  at 
once  without  the  delay  incidental  to  the  approval  and 
payment  of  bills  as  provided  by  ordinance. 

Whenever  any  expense  shall  have  been  paid  out  of  aii  bins  to  be  ap- 
said  fund,  the  bill  therefor  shall  be  approved,  and  paid 
by  the  treasurer,  as  provided  by  ordinance,  the  same 
as  if  it  had  not  been  paid  out  of  said  funds ;  and  the 


proved  In  usual 
manner. 


126 


REVISED    ORDINANCES. 


Money  advanced 
to  be  returned. 


Schoolhouse 
agent,  bow  and 
when  to  be 
elected ;  to  have 
charge  of  school- 
houses,  etc. 


Schoolhouse 
agent,  duties  of. 


Restriction  upon 
agent  as  to  ex- 
penditures upon 
Bchoolhouses,  etc. 


Restriction  upon 
agent  as  to  ex- 
penditures for 
articles  for  use  of 
schools. 


Restrictions  as  to 
expenditures  by 
committee  on  city 
property. 


amount  thereof  shall  be  paid  to  said  superintendent  to 
be  placed  at  the  credit  of  said  fund  and  to  become  a 
part  thereof  to  make  good  the  amount  used  by  him. 

Said  superintendent  shall,  annually,  prior  to  the 
tenth  day  of  December,  pay  over  to  said  treasurer  said 
sum  of  one  hundred  dollars,  and  the  same  shall  be 
placed  to  the  credit  of  said  school  department. 

Sect.  7.  A  schoolhouse  agent  shall  be  elected  by 
the  city  council,  by  joint  ballot  in  convention,  annu- 
ally on  the  first  Monday  in  February  or  within  sixty 
days  thereafter,  who  shall  on  behalf  of  the  city  have 
charge  and  control  of  the  schoolhouses  in  the  city,  and 
of  the  property  contained  in  and  connected  with  the 
same,  subject  however  to  the  direction  of  the  school 
committee  in  respect  to  their  use  and  occupation. 

Sect.  8.  It  shall  be  the  duty  of  the  schoolhouse 
agent  to  keep  the  schoolhouses  of  the  city  and  the 
grounds  about  the  same,  and  the  fences  and  out-build- 
ings on  said  grounds,  in  good  order  and  repair  ;  and, 
when  it  cannot  otherwise  be  done,  to  employ  addi- 
tional necessary  mechanical  labor  and  assistance  there- 
for ;  to  distribute  fuel  and  to  provide  and  distribute, 
under  the  direction  of  the  superintendent  of  schools,  all 
things  necessary  and  proper  for  use  in  said  schools, 
subject,  however,  to  the  provisions  hereinafter  con- 
tained. 

Sect.  9.  Said  agent  shall  not  make,  cause  to  be 
made,  or  contract  for  any  alterations  or  repairs,  nor 
incur  any  expense  in,  upon,  or  for  the  furnishing  or 
embellishing  of  said  houses,  or  upon  said  grounds, 
fences,  or  out-buildings  that  shall  involve  an  outlay  of 
more  than  twenty-five  dollars  at  any  one  time  or  for 
any  one  object,  without  first  obtaining  the  written 
assent  thereto  of  the  committee  on  city  property  or  a 
majority  of  said  committee. 

Sect.  10.  Said  agent  shall  not  purchase  or  contract 
for  any  article  or  thing  for  use  in  said  schools  except 
such  as  are  necessary  for  the  purposes  of  the  daily 
exercises  therein,  and  the  payment  for  which  shall  not 
involve  an  outlay  of  more  than  five  dollars  at  any  one 
time,  without  first  obtaining  the  written  assent  thereto 
of  the  superintendent  of  schools. 

Sect.  11.  The  committee  on  city  property  shall  not 
authorize,  direct,  or  make  any  expenditure,  or  contract 
for  work  or  labor,  or  the  furnishing  of  anything,  for, 
in,  upon,  or  about  said  schools,  or  houses,  or  grounds, 


SCHOOLS.  127 

or  fences,  or  out-buildings,  to  an  amount  exceeding  five 
hundred  dollars,  without  an  order  first  had  from  the 
city  council  therefor  ;  provided,   however,  that  said  Proviso,  as  to 
committee  may  and  shall   contract  with  and  employ  ■'*°  *"** 
such  janitors  for  the  said  schoolhouses  as  the  said 
committee  shall  by  vote  decide  to  be  necessary  and 
shall  have   approved,  and  at  such  compensation  as 
said  committee  may  from  time  to  time  by  vote  direct. 
Said  committee  on  city  property  shall  contract  for  and  whatbnis  maybe 
approve  all  bills  for  janitors'  salaries,  all  bills  for  fuel,  proved  by  com- 
all  bills  for  light,  all  bills  for  repairs  of  buildings,  fix-  proper^'^;  °'  ^ 
tures,  and  fences, —  and  only   such  bills.     The  school  what  by  school 
committee  shall  contract  for  and  approve  all  other  bills  ^°™™* 
for  the  schools  and  their  maintenance  and  the  occupa- 
tion and  use  of  the  school  buildings  and  grounds. 

Sect.    12.     Said  schoolhouse  agent  shall  keep  an  Agent  to  keep 

4.      j:       n  1     J  •         accounts  open  to 

accurate  and  systematic  account  of  all  work  done  in,  inspection,  etc. 
upon,  and  about  said  schoolhouses,  grounds,  fences, 
and  out-buildings,  and  of  all  expenditures  made,  au- 
thorized, or  contracted  for,  by  or  through  him,  under 
the  provisions  of  this  chapter,  which  said  account  and 
books  shall  be  at  all  times  open  to  the  inspection  of 
the  mayor,  the  committee  on  city  property,  the  super- 
intendent of  schools,  and  the  auditor  of  accounts,  and 
shall,  at  the  expiration  of  the  municipal  year,  be  deliv- 
ered to,  and  shall  thereafter  be  kept  in  the  office  of  the 
city  treasurer. 

Sect.  13.  Said  agent  shall,  on  the  second  Monday  to  repon annually 
of  December  in  each  year,  submit  to  the  city  council  a  *°  ^'*^  council. 
report  of  his  doings  and  of  all  expenditures  made  by 
or  through  him  as  such  agent,  during  such  year,  which 
report  shall  state,  in  detail,  the  amounts  which  have 
been  expended  upon  or  for  each  school,  schoolhouse 
grounds,  fences  and  out-buildings  under  his  charge. 

Sect.  14.     It  shall  be  the  duty  of  the  chairman  of  Accounts  and 

*'  books  of  agent,  by 

the  committee  on  city  property  and  the  superintendent  whom  to  be  ex- 
of  schools,  either  separately  or  together  as  may  be 
convenient,  as  often  as  once  in  each  month,  to  exam- 
ine and  inspect  the  accounts  and  books  of  said  agent 
and,  at  their  discretion,  to  report  thereupon  to  the  city 
council. 

Sect.  15.    Citizens  residing  on  United  States  grounds  Terms  on  which 
within  the  limits  of  the  city,  may  send  their  children  on'unuetrstotef 
to  the  public  schools,  on  payment  annually  to  the  city  S?opinfiic''* 
collector  for  each  child  so  sent,  of  a  sum  equal  to  the  ®^*^*^'*- 
actual  cost  incurred  by  the  city  for  each  scholar  the 


128  REVISED    ORDINANCES. 

previous  year ;  and  this  sum  shall  be  determined  by 
dividing  the  amount  of  the  appropriation  for  schools, 
together  with  interest  on  the  valuation  of  school  prop- 
erty, by  the  whole  number  of  pupils  attending  the 
schools.  Pupils  from  the  United  States  grounds  shall 
enjoy  the  same  privileges  and  be  subject  to  the  same 
restrictions  as  other  pupils. 


TRUANT   CHILDREN    AND   ABSENTEES    FROM    SCHOOL.  129 


CHAPTER  21. 

TRUANT  CHILDREN  AND  ABSENTEES  FROM  SCHOOL. 


Section. 

1.    Truant    children    and    absen- 
tees, how  punished. 


Section. 

2.    Truant  school  assigned  as  place 
for  instruction,  etc. 


Section  1.     Any  minor  child  residing  in  the  city  of  Truant  children 
Springfield,  between   the  ages   of  seven  and  sixteen  from  school,  how 
years,  who  shall  be  guilty  of  being  an  habitual  truant,  ^'^"'^  ^ 
or  of  wandering  about  in  the  streets  or  public  places 
of  the  city,  having  no  lawful  occupation  or  business, 
not  attending  school,  and  growing  up  in  ignorance, 
shall,  upon  conviction  thereof,  be  punished  by  a  fine 
not  exceeding  twenty  dollars,  or,  instead  thereof,  may 
be  committed   to  the  county  truant  school  for  such 
time,  not  exceeding  two  years,  as  the  justice  or  court 
having  jurisdiction  thereof  may  determine. 

Sect.   2.     The  county  truant    school    on    Armory  Truant  school  aa- 
street  in  said  city  is  hereby  assigned  as  an  institution  i^ruction.^efc.*'^ 
for  instruction,   house  of  reformation,   and  suitable 
place  for  the  confinement,  discipline,  and  instruction 
of  such  children. 


130. 


REVISED   ORDINANCES. 


CHAPTER  22. 

BOARD    ON    CLAIMS. 


Of  whom  to  con- 
sist; vacancies, 
how  filled. 


To  investigate 
claims  for  dam- 
ages; may  settle 
claims  not  exceed- 
ing 9500  in   . 
amount. 


Section. 

1.  Of  whom  to  consist ;  vacancies, 

how  filled. 

2.  To  investigate  claims  for  dam- 

ages; may  settle  claims  not 
exceeding  |500  in  amount. 


Section. 


May  agree  for  settlement  of 
claims  in  excess  of  $500,  sub- 
ject to  ratification  by  city 
council. 


May  agree  for  set- 
tlement of  claims 
in  excess  of  $500 
subject  to  ratifica- 
tion by  city 
council. 


Section  1.  A  board  on  claims  is  hereby  established 
which  shall  consist  of  the  mayor,  the  president  of  the 
common  council,  and  one  member  of  the  board  of  alder- 
men. The  latter  shall  be  elected  by  viva  voce  vote  by 
the  board  of  aldermen  annually  in  the  month  of  Jan- 
uary, to  serve  during  the  municipal  year,  and  if  he 
shall  resign,  or  become  disqualified,  the  vacancy  shall 
be  filled  by  election  by  the  board  of  aldermen. 

Sect.  2.  It  shall  be  the  duty  of  said  board  to  inves- 
tigate forthwith  all  claims  for  damages  either  to  per- 
sons or  property  that  shall  be  made  against  the  city, 
and  all  facts  relating  thereto  ;  said  board  shall  be  au- 
thorized to  settle  all  such  claims  where  the  sum  paid 
shall  not  exceed  five  hundred  dollars  ;  and  their  order 
upon  the  city  treasurer  for  the  amount  agreed  upon  in 
such  settlement  shall  be  sufficient  authority  for  him  to 
pay  to  the  claimant  the  same  from  any  city  funds  in 
his  hands,  and  the  amount  so  paid  shall  be  charged  to 
the  contingent  fund.  Whenever  said  board  shall  deem 
it  for  the  best  interest  of  the  city  to  settle  any  such 
claim  by  the  payment  of  a  sum  exceeding  five  hundred 
dollars,  they  may  make  an  agreement  with  the  claim- 
ant for  the  payment  of  the  sum  agreed  upon,  but  sub- 
ject to  ratification  by  the  city  council.  Upon  such 
ratification,  but  not  before,  the  treasurer  shall  pay  the 
amount  so  agreed  upon,  as  hereinbefore  provided  for 
the  payment  of  claims  not  exceeding  five  hundred 
dollars. 


BOARD  QP  i  fUBHC   WORKS. 


131 


CHAPTER  23. 

BOARD   OP   PUBLIC  WORKS. 


Section. 

1.    Chapter  SM,  Acts  of  1872,  "  To 
establish  a  board   of  public 
works  in  the  city  of  Spring- 
field" accepted  and  adopted. 
Act  §  1.     Board    of    public  works 
established ;    members    of, 
how    elected ;      tenure    of 
office. 
Act  §  2.     Members  to  be  sworn. 
Act  §  8.     Vacancies,  how  filled. 
Act  §  4.    Duties  of  the  board. 


Section. 

Act  §  5.     City  engineer  to  be  clerk 

of  the  board.  His  duties  as 

such. 

Act  §  6.  City  council  may  take  or 
purchase  land,  for  laying 
and  maintaining  sewers  and 
drains. 

Act  §  7.  The  word  "  street "  to  in- 
clude highways,  etc. 

Act  §  8.     Compensation. 

Act  §  9.     Act  to  take  effect,  when. 


Section  1.  The  act  of  the  General  Court  of 
this  Commonwealth  entitled,  *'  An  act  to  establish  a 
board  of  public  works  in  the  city  of  Springfield,"  ap- 
proved May  four,  eighteen  hundred  and  seventy-two,  is 
hereby  accepted  and  adopted  as  follows  : — 

"  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  assembled,  and  by  the 
authority  of  the  same,  as  follows : — 

"  Section  1.  The  city  council  of  the  city  of  Spring- 
field may  within  one  month  after  the  passage  of  this 
act,  elect  on  joint  ballot,  in  convention,  three  able  and 
discreet  men,  being  inhabitants  of  said  city,  and  legal 
voters,  who  shall  constitute  the  board  of  public  works 
of  said  city ;  one  of  whom  shall  be  chosen  to  hold 
office  until  the  first  Monday  in  April,  in  the  year 
eighteen  hundred  and  seventy-three,  one  to  the  first 
Monday  in  April,  eighteen  hundred  and  seventy-four, 
and  one  to  the  first  Monday  in  April,  in  the  year 
eighteen  hundred  and  seventy-five,  and  until  others  are 
chosen  and  qualified  in  their  stead  ;  and  during  the 
month  of  March,  in  the  year  eighteen  hundred  and 
seventy-three,  and  annually  in  the  month  of  March 
thereafter,  the  city  council  shall  on  joint  ballot,  in 
convention,  elect  one  man,  qualified  as  aforesaid,  to 
be  a  member  of  said  board  to  serve  for  the  term  of 
three  years  from  the  first  Monday  of  April  thereafter, 
and  until  another  is  chosen  and  qualified  in  his  stead. 


Cliapter  334,  Acts 
of  1872,  "  to  estab- 
lish a  board  of 
public  works  in 
the  city  of  Spring- 
field," accepted 
and  adopted. 


Board  of  public 
works  established ; 
members  of,  how 
elected ;  tenure  of 
office. 


132 


REVISED   ORDINANCES. 


Members  to  be 
sworn. 


Vacancies,  how 
tilled. 


Duties  of  the 
board. 


Citj-  engineer  to  be 
clerk  of  the  board. 
His  duties  aH  such. 


City  council  may 
take  land,  etc., 
for  layinfi  and 
maintaining  sew- 
ers and  drains. 


The  word  "  street" 
to  include  high- 
ways, etc. 


**  Sect.  2.  Before  entering  upon  the  discharge  of 
their  duties,  the  members  of  said  board,  elected  under 
the  provisions  of  this  act,  shall  be  sworn  to  the  faith- 
ful discharge  thereof. 

"  Sect.  3.  Should  a  vacancy  occur  on  said  board, 
it  may  be  filled  for  the  remainder  of  the  term  in  which 
such  vacancy  occurs  by  election  of  the  city  council 
by  joint  ballot  in  convention. 

"  Sect.  4.  It  shall  be  the  duty  of  said  board  to  hold 
hearings,  investigate  and  report  on  all  matters  referred 
to  them  by  the  city  council  or  mayor  and  aldermen, 
relating  to  the  laying  out,  altering,  widening,  discon- 
tinuing, change  of  grade,  or  repairing  of  the  streets 
of  the  city  ;  also  on  all  matters  so  referred  to  them 
relating  to  the  laying  out,  establishing,  change  of 
grade,  constructing,  paving,  altering,  repairing  or 
repaving  sidewalks  therein  ;  and  also  on  all  matters  so 
referred  to  them  relating  to  the  laying  out,  mainte- 
nance, constructing,  altering  or  repairing  sewers  and 
drains  therein.  Said  board  shall  also  perform  such 
further  duties  relating  to  streets,  bridges,  sidewalks, 
sewers,  drains  or  other  public  works,  parks,  squares 
and  public  places,  including  the  estimation  of  damages 
and  betterments,  as  the  city  council  shall,  by  city 
ordinance,  or  order,  not  repugnant  to  law,  from  time  to 
time  prescribe  or  direct. 

"  Sect.  5.  The  city  engineer  shall  be  the  clerk  of 
said  board.  He  shall  make  and  keep  a  record  of  the 
doings  of  said  board  and  certify  the  same  when  there  is 
occasion  therefor.  He  shall  also  make  all  plans  and 
surveys  required  for  the  use  of  said  board.  In  case  of 
the  absence  or  inability  of  said  clerk  to  act,  said  board 
may  appoint  a  temporary  clerk  to  act  in  his  place,  who 
shall  receive  for  his  services  such  compensation  as  said 
board  shall  determine. 

"  Sect.  6.  Said  city  council  may  take  and  hold,  by 
purchase  or  otherwise,  such  land  and  water  courses 
as  they  may  deem  necessary  for  the  purpose  of  laying 
and  maintaining  sewers  and  drains  ;  provided,  that  if 
any  person  shall  sustain  damages  to  his  property  by 
reason  thereof,  and  shall  fail  to  agree  upon  a  settle- 
ment of  the  same  with  said  city  council,  the  same 
shall  be  assessed  in  the  same  manner  as  damages  are 
assessed  in  the  laying  out  of  highways. 

"  Sect.  7.  The  word  street  in  this  act  shall  include 
highways,  town  ways,  lanes  and  alleys. 


BOARD    OF    PUBLIC    WORKS.  I33 

**  Sect.  8.    The  members  of  said  board  of  public  ckimpenBation. 
works  shall  receive  such  compensation  for  their  serv- 
ices as  the  city  council  may  by  ordinance  establish. 

**Sbct.  9.     This  act  shall  take  effect  upon  its  accept-  when  intake 
ance  by  the  city  council." 


134  REVISED    ORmNANGES. 


CHAPTER  34. 

BOARD  OP  SUPERVISORS  OP  HIGHWAYS  AND   BRIDGES. 


Section. 

1.    Who  shall  constitute  the  board  ;  powers  and  duties. 

^?M^*K  *'<"1^"-  Section  1.  The  mayor,  with  one  member  of  the 
joint  standing  committee  on  streets  and  sidewalks  in 
the  board  of  aldermen,  and  one  member  of  the  same 
committee  of  the  common  council,  each  to  be  chosen 
by  their  respective  boards,  by  viva  voce  vote,  shall 
constitute  a  board  of  supervisors  of    highways   and 

powersand duties,  j^^j^ggg^  who  shall  have  the  general  supervision  of  all 
the  public  highways,  streets,  avenues,  and  bridges  of 
the  city,  and,  when  duly  authorized  by  the  city  coun- 
cil, and  not  otherwise,  may,  at  their  discretion,  con- 
tract for  quarrying  and  crushing  trap  rock,  and  for 
paving,  macadamizing  or  otherwise  improving  the 
streets  of  the  city. 


BOARD   OF    HEALTH.  igjg 


CHAPTER  25 

BOARD  OF    HEALTH. 


Section. 

I.    Of  whom  to  consist ;    powers 
and  duties. 


Section. 

Emergencies.      Inspector  of 
meats  and  provisions. 


2.    Election  ;   qualifications ;    ten-      5.    Annual  report 


ure  of  office ;  vacancies,  etc. 
Chairman ;  health  physician  to 
be  clerk  ;  his  duties. 


6.    Compensation  of  health  physi- 
cian. 
Compensation  and  duties  of  in- 


4.     Rules.    Agent  and,  inspectors.  I  spectors. 

Section  1.     The  board  of  health  of  the    city  of  of  whom  to  <ion- 
Springfield  shall  consist  of  three  suitable  citizens,  one  "**' 
of  whom  shall  be  a  doctor  of  medicine.     They  shall  powers  and  duties, 
possess  and  exercise  all  the  powers  vested  in,  and  per- 
form all  the  duties  prescribed  to,  boards  of  health  of 
cities    and    towns,   or  to    city  councils,    or    mayors 
and  aldermen  of  cities  as  boards  of  health,  or  in  re- 
lation to  matters  concerning  or  affecting  the  public 
health,  in  accordance  with  the  charter  and  ordinances 
of  the  city  and  the  statutes  of  the  Commonwealth.  "     ■ 

Sect.  2.    The  present  members  of    the   board  of  Election; 
health  shall  hold  their  offices  during  the  term  for  which 
they  severally  were  appointed.    Annually,  hereafter 
in  the  month  of  January,  the  city  council  shall  elect 
by  viva  voce  vote  one  member  of  said  board  for  the 
term  of  three  years  from  the  first  Monday  in  February 
in  the  year  of  such  election.     The  members  so  elected  qualifications; 
shall  not  be  members  of  the  city  council,  and  not  more 
than  two  members  of  said  board  shall  be  chosen  from 
any  one  political  party.     Each  election  shall  be  made 
subject  to  the  foregoing  provisions  respecting  a  doctor 
of  medicine,  and  each  member  chosen  shall  hold  office  tenure  of  office; 
during  his  term,  unless  sooner  removed,  and  until  his 
successor  is  elected  and  qualified.     Any  vacancy  shall 
be  filled  for  the  unexpired  term  in  the  same  manner  as 
herein  provided  for  original  selection.     Each  member  vacancies,  etc. 
of  the  board  shall  be  subject  to  removal  by  the  mayor 
for  cause,  with  the  approval  of  the  board  of  aldermen. 

Sect.  3.    The  board  of  health  shall  organize  on  the  chairman;       » 
first    Monday  of    February  in    each    year,  and  shall 


136 


REVISED   ORDINANCES. 


bealth  phTsician 
to  be  clerk ; 


his  daties. 


Roles. 


choose  one  of  its  members  as  chairman.  That  mem- 
ber of  the  board,  who  is  a  doctor  of  medicine,  shall 
serve  as  clerk  of  the  board.  He  shall  be  known  as 
the  health  physician,  and  shall  perform  all  such  medi- 
cal and  sanitary  duties  as  may  be  required  by  the 
board  of  health  and  the  mayor  and  the  city  council. 
He  shall  attend  the  meetings  of  the  board ;  shall  make 
all  necessary  bacteriological  examinations  ;  shall  keep 
a  true  and  complete  record  of  all  the  acts  and  proceed- 
ings of  the  board ;  and  shall  perform  such  other  duties 
as  may  be  prescribed  by  ordinance.  In  case  of  the 
prevalence  or  impending  of  any  infectious  or  conta- 
gious disease  within  the  city,  he  shall  give  to  the 
mayor  or  either  board  of  the  city  council  such  profes- 
sional advice  and  assistance  as  may  be  required  by 
any  of  them. 

Sect.  4.  The  board  of  health  may  make  such  rules 
and  regulations  in  regard  to  plumbing  and  house 
drainage,  for  the  protection  and  preservation  of  the 
health  and  sanitation  of  the  city,  for  the  removal  and 
Abatement  of  filth,  garbage,  rubbish,  ashes,  nuisances, 
and  the  causes  of  disease,  and  for  the  government  of 
the  board  and  of  its  subordinate  officers  and  employees, 
as  may  be  considered  necessary  and  may  not  be  incon- 
sistent with  the  statutes  of  the  Commonwealth  and 
the  charter  and  ordinances  of  the  city.  It  may  ap- 
point an  agent  and  employ  such  inspectors  or  other 
assistants  as  may  be  authorized  by  the  city  council,  all 
of  whom  shall  be  subject  to  the  removal  or  dis- 
charge by  the  board  whenever  it  deems  advisable  ; 
provided,  however,  that  in  cases  of  emergency  de- 
manding the  immediate  action  of  the  board  it  may 
employ  such  temporary  assistants  as  may  be  necessary. 
Inspector  of  meats  It  shall  designate  as  inspector  of  meats  and  provisions 
an  provisions,  ^j^^  inspcctor  of  animals  appointed  by  the  mayor  and 
aldermen. 

Sect.  5.  The  board  of  health  shall  make  a  full  re- 
port of  its  doings  to  the  city  council  annually  in  the 
month  of  January,  together  with  list  of  the  deaths 
of  all  persons  occurring  in  the  city  during  the  preceding 
calendar  year,  stating  the  age,  sex,  and  cause  of  death 
of  each  person,  as  far  as  ascertainable,  together  with 
such  suggestions  and  recommendations  as  may  be 
deemed  advisable. 

Sect.  0.  The  health  physician  and  the  agent  of  the 
board  of  health  shall  receive  such  compensation  as 


Agent  and  in 
spectors. 


Emergencies. 


Annual  report. 


Compensation  of 
health  physician 


•BOARD    OF    HEALTH.  137 

salary  as  the  city  council  may  from  time  to  time  by 
ordinance  determine,  which  shall  be  in  full  for  all 
services  performed. 

Sect.  7.  The  compensation  of  the  inspector  of  milk  compensation  and 
and  vinegar,  and  of  the  inspector  of  meats,  provisions  spectore. 
and  animals,  shall  be  taken  from  the  appropriation  for 
the  board  of  health,  and  said  inspectors  shall  respec- 
tively perform  their  duties  so  far  as  is  permissible  by 
existing  laws,  subject  to  the  direction  and  approval  of 
said  board. 


138 


REVISED   ORDINANCES? 


CHAPTER  26. 

RELATING  TO  THE  REMOVAL  OF  NIGHT  SOIL,  THE  CON- 
TENTS OF  PRIVY  VAULTS  AND  CESSPOOLS,  HOUSE 
OFFAL,  ASHES,  REFUSE  SUBSTANCES  AND  DEAD 
ANIMALS. 


Section. 

1.  Licenses  to  remove  night  soil, 

contents  of  privy  vaults  and 
cesspools,  and  dead  animals, 
how  granted. 

2.  Licensees  may  collect  compen- 

sation for  services,  as  fixed 
by  board  of  health. 

3.  Licenses  to  remove  house  oiTal, 

ashes,  and  refuse,  how  grant- 
ed. 

4.  Licenses  to  job  wagons,  etc.,  to 


Section. 

cover  removal  of  ashes. 
Licenses  to  state  under  which 
section  issued,  etc.,  under 
section  three  to  be  numbered. 
To  be  recorded.  Applications 
for  services  of  licensees  to  be 
entered  with  board  of  health. 

5.  Only  licensees  to  remove  sub- 

stances named  in  sections 
one  and  three,  except,  etc. 

6.  Penalty. 


Licenses  to  remove 
night  soil,  con- 
tents of  privy 
vaults  and  cess- 
pools, and  dead 
animals,  how 
granted. 


Licensees  may 
collect  compensa- 
tion for  services, 
as  fixed  by  board 
of  health. 


Licenses  to  remove 
house  offal,  ashes, 
and  refuse,  how 
granted. 


Licenses  to  job 
wagons,  etc.,  to 
cover  removal  of 
ashes. 


Section  1.  The  mayor  and  aldermen  shall,  from 
time  to  time,  license  some  person,  or  persons,  to  remove 
night  soil,  the  contents  of  privy  vaults  and  cesspools, 
and  to  remove  dead  animals,  subject  to  the  provisions 
of  the  city  ordinances,  and  all  the  rules  of  the  board  of 
health  relating  thereto. 

Sect.  2.  Every  person  licensed  under  the  provisions 
of  the  preceding  section  shall  be  entitled  to  collect  from 
the  owner,  occupant,  or  person  having  charge  of  the 
premises  from  which  he  has  removed  any  of  the  sub- 
stances mentioned  in  said  section,  such  compensation 
as  shall  be  fixed  by  the  rules  of  the  board  of  health, 
whether  such  removal  is  made  upon  the  application  of 
such  owner,  occupant  or  agent,  or  by  order  of  the 
board  of  health. 

Sect.  3.  The  mayor  and  aldermen  shall,  from  time 
to  time,  license  persons  to  remove  house  offal,  ashes, 
and  all  refuse  substances,  subject  to  the  provisions  of 
the  city  ordinances,  and  all  the  rules  of  the  board  of 
health  relating  thereto. 

Sect.  4.  All  licenses  granted  for  trucks,  job  wagons, 
express  wagons,  carts,  or  other  vehicles,  for  the  con- 
veyance of  wood,  coal,  lumber,  stone,  dirt,  rubbish* 
goods,  furniture,  etc.,  as  provided  by  the  rules  and 
orders  of  the  mayor  and  aldermen,  shall  include  per- 
mission to  remove  ashes,  subject  to  the  provisions  of 


REMOVAL   OP   REFUSE.  139 

the  rules  and  regulations  of  the  board  of  health,  as 

provided  by  section  three.     All  licenses  issued  under  Licenses  to  state 

n     t  •        ^  111  iij.1  under  which 

the  provisions  of  this  chapter  shall  state  whether  they  section  issued, 

f  .  *  .•  1  J     •£    etc.,  under  section 

are  issued  under  section  one  or  section  three ;  and,  it  three  to  be  num- 

under  section  three,   they  shall  be  numbered.      All 

licenses  shall  state  that  they  are  issued  subject  to  the 

provisions  of  the  city  ordinances  and  all  rules  of  the 

board  of  health  now  existing,  or  which  shall  hereafter 

be  made,  and  subject  to  forfeiture  for  any  violation 

thereof.     All  such  licenses  shall  be  recorded  by  the  to  be  recorded. 

board  of  health  in  a  book  to  be  kept  for  the  purpose. 

A  book  shall  also  be  kept  in  the  office  of  said  board.  Applications  for 

,  .  ...  /.I  •  c    ii  j_'         services  of 

wherein  applications  for  the  services  of  the  parties  licensees  to  be  en- 
licensed  herein  shall  be  entered,  and  such  applications  of  health. 
shall  receive  attention  in  the  order  in  which  they  are 
made. 

Sect.  5.    No  person,  not  licensed  as  herein  provided,  omy  licensees  to 

r  '  IT  '    remove  substances 

shall  remove  or  transport  through  any  street,  or  pas-  named  in  sections 

.   ,   .        ,         ,,        .        .  1   .    1  .  oil®  ^^^  three, 

sageway  m  the  city,  within  the  district  in  which  swine  except,  etc. 
are  not  allowed  to  be  kept,  any  of  the  substances  speci- 
fied in  sections  onQ  and  three  of  this  chapter,  except 
that  any  person  may  use  upon  his  own  premises  all 
substances  specified  in  section  three,  created  or  accu- 
mulating thereon,  provided  he  shall  not  create  a 
nuisance  thereby  ;  and  if  he  transports  such  substances 
through  the  city  streets,  he  shall  transport  them  in  such 
manner,  at  such  times,  and  in  such  vessels  or  vehicles 
as  the  board  of  health  may  prescribe. 

Sect.  6.    Any  person  violating  any  of  the  provisions  Penalty, 
of  this  chapter  shall  be  punished  by  a  fine  of  not  less 
than  two  nor  more  than  twenty  dollars,  and  by  a  for- 
feiture of  his  license  if  the  party  so    violating   be 
licensed  under  the  provisions  hereof. 


140  REVISED    ORDINANCES. 


CHAPTER  27. 

THE   KEEPING  OF  SWINE. 


Section. 

1.  Board  of  health  to  prescribe 
limits  within  which  swine 
shall  not  be  kept  without 
licei  se. 


Section. 

2.    Penalty. 


Board  of  health  to       SECTION  1.     No  swine  sliall  be  kept  or  maintained 

prescribe  limits       .       ^,  .^  .    .^       .        r>    ■,  t        ^,^  •       ^i         t       -^  -i      j 

within  which        in  the  City  of  bpringneld  within  the  hmits  prescnbea 
kept  without        by  the  board  of  health,  unless  said  board  shall  have 
granted  a  license  therefor,  prescribing  the  manner  in 
which  the  animals  may  be  kept. 
Penalty.  Sect.  2.     Any  person  offending  against  the   provi- 

sions of  this  chapter  shall  forfeit  and  pay  an  amount 
not  less  than  five  nor  more  than  twenty  dollars  for 
each  offense. 


PLUMBING. 


141 


CHAPTER  2S. 

PLUMBING. 


Section. 
1. 


Sewage  pipes  to  be  installed 
only  on  permit  authorized  by 
board  of  health.  Application 
blanks.     Permits. 

Notice  of  alterations  to  be  filed, 
and  approved. 


Section. 

3.  Inspector  to  be  notified  when 

work  is  ready  for  examinar- 
tion. 

4.  Penalty. 

5.  R.  L.,  ch.  103,  accepted. 


Section  1.  No  pipes,  tanks,  faucets,  valves,  or 
fixtures  by  and  through  which  waste  water  or  sewage 
is  used  or  carried,  shall  be  placed  in  any  building  ex- 
cept upon  such  terms  and  conditions  as  the  board  of 
health  may  prescribe,  and  upon  a  permit  being  first 
issued  therefor  by  said  board  of  health,  or  such  person 
or  persons  as  the  board  may  designate.  Applications 
for  such  permits  shall  be  made  to  the  board  of  health 
upon  blanks  provided  for  the  purpose  by  said  board, 
which  shall  contain  a  statement  of  the  work  to  be 
performed,  location  of  building,  and  names  of  the 
persons  for  and  by  whom  the  work  is  to  be  done. 
Each  permit  issued  by  the  board  of  health  shall  be 
subject  to  the  express  conditions  to  be  set  forth  in  such 
permit,  that  all  work  done  under  it  shall  be  done  in  a 
thorough  and  workmanlike  manner,  and  that  all  direc- 
tions of  the  board  of  health  relating  to  such  work  and 
all  provisions  of  statute  or  ordinance  relating  to 
plumbing  shall  be  complied  with. 

Sect.  2.  In  all  cases  where  the  drainage  system  of 
any  building  is  required  to  be  or  has  been  constructed 
under  a  permit  issued  by  the  board  of  health,  no  per- 
son shall  proceed  to  construct,  add  to,  or  alter  any 
portion  of  the  drainage  system  of  such  building  (ex- 
cept solely  by  way  of  repairs)  until  there  be  filed  in 
the  office  of  the  board  of  health  a  notice  or  written 
description  of  the  work  to  be  performed.  No  person 
shall  commence  work  upon  such  drainage  or  plumbing 
until  the  plans  are  approved  by  said  board. 

After  a  plan  has  been  approved  under  the  provisions 
of  this  ordinance,  no  alteration  of  the  same  shall  be 
made  without  permission  in  writing  from  the  board  of 
health. 


Sewage  pipes  to 
be  Installed  only 
on  permit  author- 
ized by  board  of 
healtb. 


Application 
blanks. 


Permits. 


Notice  of  altera:- 
tions  to  be  filed, 


and  approved. 


142 


REVISED   ORDINANCES. 


Inspector  to  be 
notified  when 
work  is  ready  for 
examination. 


Penalty. 


R.  L.,  cb.  103,  ac- 
cepted. 


Sect.  3.  An  inspector  of  plumbing  who  shall  be 
called  upon  to  examine  any  work  under  the  statutes 
or  ordinances  relating  to  plumbing,  shall  be  notified 
when  such  work  is  ready  for  inspection,  and  all  work 
must  be  left  uncovered  and  convenient  for  examination 
until  examined  and  approved. 

Sect.  4.  Whoever  violates  any  provision  of  this 
ordinance  shall  be  liable  to  a  penalty  not  exceeding 
fifty  dollars  for  each  and  every  violation  thereof,  and 
whoever  being  a  licensee  for  plumbing  violates  any 
statute,  ordinance,  or  regulation  of  the  board  of  health 
relating  to  plumbing  shall  be  subject  to  have  his 
license  revoked  by  the  board  of  health  as  said  board 
may  determine. 

Sect.  5.  The  provisions  of  chapter  one  hundred 
and  three  of  the  Revised  Laws  are  hereby  accepted 
and  adopted. 


FIRE    DEPARTMENT. 


143 


CHAPTER  29. 


FIRE  DEPARTMENT. 


Section. 


1. 


4. 


10. 


11. 


12. 
13. 


14. 


15. 


Board  of  fire  commissioners,  of 
whom  to  consist,  appoint- 
ments, qualifications,  removal 
from  city  vacates  office. 

Vacancies  in  board,  how  filled. 

Chairman  to  be  chosen,  tenure 
of  office.  Secretary  to  be 
chosen,  duties,  etc. 

Board  to  have  management  of 
fire  department  and  fire  alarm 
telegraph,  to  be  responsible 
for  property  of  departments, 
may  sell  or  purchase  property 
worth  less  than  $1,000.  Eva- 
sions forbidden,  proceeds  of 
sale  of  property  to  be  paid  to 
city  treasurer. 

Annual  estimates.  Accounts. 
Credit  of  department  not  to 
be  exceeded. 

Approval  of  bills  and  pay  rolls. 

Treasurer  to  advance  money 
for  contingencies.  Emer- 
gency bills  to  be  approved, 
money  to  be  returned  to 
treasury. 

Fire  department,  of  whom  to 
consist.  Nominations  and 
appointments. 

Board  to  prescribe  compensa- 

.  tion  of  companies  and  duties 
of  members. 

Chief,  deputy  chief,  and  assist- 
ant engineers,  and  superin- 
tendent of  fire  alarm  to  be 
chosen  annually  by  board  of 
commissioners,  tenure  of 
office,  vacancies.  Rank  of 
assistants. 

Board  of  engineers;  meetings; 
quorum ;  regulations. 

Board  of  engineers  may  make 
certain  rules. 

Chief  engineer  to  report  viola- 
tions of  building  ordinances. 
Other  duties ;  in  case  of  ab- 
sence, powers  devolve  on 
deputy  chief,  etc. 

Chief,  etc.,  to  detect  and  re- 
move combustible  materials. 
Penalty. 

Chief,  etc.,  to  examine  build- 
ings upon  request,  and  may 
require  alterations.  Penalty. 


Section. 


16. 


Each  company  to  have  captain, 
lieutenant,  and  clerk,  how 
chosen,  clerk's  duties  and 
tenure  of  office. 

17.  Commissioners  may  suspend, 

remove,  or  discharge. 

18.  Chief,etc. , to  have  power  to  sus- 

pend in  certain  cases.  Appeal. 

19.  Members  of  department  must 

be  citizens,  and  not  employed 
otherwise  by  state  or  city. 

20.  Rimning  members  to  observe 

same  rales,  etc.,  as  call  mem- 
bers. 

21.  Clerks  of  companies,  duties  of, 

as  to  rolls.  Rolls  to  be  signed 
by  captain  and  clerk,  approv- 
ed by  chief,  and  transmitted 
to  commissioners.  Penalty 
for  falsifying  rolls. 

22.  Amounts  due  companies,  how 

paid.  Receipts  to  be  obtain- 
ed by  captains  and  filed  with 
city  treasurer. 

23.  Apparatus   not   to  be   taken 

from  city,  except. 

24.  No  person  not  a  member  of 

department,  shall  interfere 
at  a  tire.  Names  of  persons 
offending  to  be  reported. 
26.  No  persons  except  policemen 
and  firemen  to  enter  streets, 
etc.,  barricaded  by  fire  de- 
partment. 

26.  Pay  of  members  fixed  by  city 

council. 

27.  Superintendent  of  fire  alarm 

designated  as  supervisor  of 
wires. 

28.  Board  of  commissioners  may 

grant  pensions  in  cases  of 
disability,  and  after  20  years' 
service,  in  certain  cases. 

29.  Pensions  to  be  payable  month- 

ly, and  may  be  changed  by 
commissioners. 

30.  City  physician  to  examine  pe- 

titioners, and  to  examine  pen- 
sioners annually,  and  report. 

31.  Cause  of  disability  to  be  stated 

in  writing  by  chief,  when. 

32.  Commissioners     to     examine 

cases  and  decide  upon  pen- 
sions by  majority  vote. 


144 


REVISED    ORDINANCES. 


Section. 

33.  Limitations  upon  pensions  of 

chief    or  deputy    chief    en- 
gineer. 

34.  Pensions  for  disability  not  to 

exceed  $40.00  per  month. 

35.  Pensions  for '20  years' service, 

etc.,  not  to  exceed  $25.00  per 
month. 


Section. 

36.  Pensions  to  be  paid  out  of  ap- 

propriation for  department. 

37.  No  person  shall,  without  au- 

thority,  interfere    with    fire 
alarm  telegraph. 

38.  No  person  shall  injure  appgr- 

ratus  of  fire  alarm  telegraph. 

39.  Penalty  for  violations  of  Sect«. 

24,  25,  37,  and  38. 


Board  of  fire  com 
missioners, 


of  wtiom  to  con- 
sist, 


ap^etntments. 


qualifications, 


removal  from  city 
vacates  office. 

Vacancies  in 
board,  liow  tilled. 


Chairman  to  be 
chosen, 


tenure  of  office. 


Section  1.  The  present  members  of  the  board  of 
fire  commissioners  shall  hold  their  offices  during  the 
terms  for  which  they  severally  are  appointed.  Such 
appointees,  together  with  the  chairman  of  the  com- 
mittee on  the  fire  department,  who  shall  be  ex  officio  a 
member  of  the  board,  shall  constitute  the  board  of 
commissioners  of  the  fire  department,  and  annually, 
hereafter,  in  the  month  of  April,  the  mayor  shall 
appoint,  subject  to  confirmation  by  the  city  council  by 
concurrent  vote,  a  citizen  and  resident  of  the  city,  to 
be  a  member  of  said  board  for  the  term  of  four  years 
from  the  succeeding  first  Monday  of  May.  In  all 
appointments  of  members  of  said  board  the  political 
affiliation  of  the  appointee  shall  be  considered  with  a 
view  to  so  constituting  the  board  as  that  no  more  than 
two  of  its  members  so  appointed  shall  be  of  the  same 
political  party ;  and  no  person  shall  be  appointed,  or, 
excepting  said  chairman  of  said  committee,  be  a  mem- 
ber of  the  board,  who  is  a  member  of  the  city  council, 
or  holds  any  municipal  office  for  which  he  receives 
compensation ;  and  any  member  removing  from  the 
city  shall  thereby  vacate  his  office. 

Sect.  2.  In  case  any  person  so  appointed  shall  die, 
resign,  or  become  disqualified  during  his  term  of  office, 
the  remaining  members  of  said  board,  or  a  majority 
thereof,  shall  forthwith  notify  the  mayor  in  writing  of 
the  vacancy  existing,  who  shall,  as  soon  as  may  be, 
appoint,  subject  to  confirmation  as  aforesaid,  a  mem- 
ber of  said  board  to  fill  such  vacancy  for  the  residue  of 
the  term. 

Sect.  3.  Said  board  shall  choose  by  viva  voce  vote 
one  of  its  members  to  be  chairman  of  the  board,  who 
shall  hold  such  position  for  such  a  term  as  the  rules  of 
said  board  may  prescribe,  or  if  such  rules  do  not  pre- 
scribe such  term  of  service,  he  shall  hold  the  position 
of  chairman  during  the  official  term  for  which  he 
is  appointed.     Said  board  shall  in  the  same  manner 


FIRE    DEPARTMENT.  145 

choose  one  of  its  members  to  be  secretary  of  the  board  secretary  to  be 

.  "l  .  chosen,  duties,  etc. 

and  may  prescribe  his  duties  and  terra  of  service. 

Sect.  4.     Said  board  shall,  subject  to  the  provisions  Board  to  have  man- 
hereof,  have  the  appointment,  management  and  con-  department, 
trol  of  all  officers  and  members  of  the  fire  department 
and  power  to  make  such  lawful  rules  and  regulations 
for  their  government  and  discipline,  and  for  the  regu- 
lation and  care  of  the  fire  alarm  telegraph,  and  the  and  are  alarm 
direction  and  control  of  the  parties  having  the  charge 
and  care  thereof  as  they  may  deem  proper  ;  they  shall 
be  responsible  for,  and  have  the  charge  and  care  of,  all  to  be  responsible 
property  belonging  to  said  departments,  and  shall  see  department^,*' 
that  the  same  is  maintained  in  an  efficient  condition 
by  a  wise  expenditure  of  so  much  of  the  annual  appro- 
priation made  therefor  as  may  be  necessary.     When  may  sen  or  pur- 

^  Til  J.  1      chase  property 

in  their  opinion  it  is  desirable  that  any  part  of  such  worth  less  than 
property  be  sold,  or  otherwise  disposed  of,  or  that  addi- 
tional property  be  obtained,  they  may  sell,  dispose  of, 
or  obtain  such  property,  provided  the  aggregate  value 
of  the  property  so  obtained  or  disposed  of  at  any  one 
time,  or  for  any  one  purpose,  shall  not  exceed  one 
thousand  dollars ;  otherwise  authority  therefor  must 
first  be  obtained  from  the  city  council.    Said  board  Evasions  forwd- 
shall  not,  for  the  purpose  of  evading  the  provisions  of 
this  section,  divide  the  property  so  proposed  to  be 
obtained  or  disposed  of,  into  items  and  sell,  dispose  of, 
or  purchase  such  items  separately  at  the  same  or  dif- 
ferent times.     All  money  derived  from  the  sale  of  such  Proceeds  of  sale  of 
property  shall  be  forthwith  paid  to  the  city  treasurer  to  c^ty  treasurer 
and  credited  by  him  to  said  department. 

Sect.  5.  Said  commissioners  shall  annually  in  the  Annual  estimates, 
month  of  January  communicate  to  the  committee  on 
finance  an  estimate  of  the  amount  of  money  necessary 
to  be  raised  for  the  then  current  financial  year  for 
the  use  of  the  fire  department,  stating  the  amounts 
severally  required  for  salaries  for  the  members  of  the 
department,  for  regular  and  incidental  expenses,  and 
for  the  alteration  and  repair  of  the  property  under 
their  control.  They  shall  keep  an  accurate  and  de-  Accounts, 
tailed  account  of  all  expenditures  of  money,  and  annu- 
ally, in  the  month  of  December  in  each  year,  render  to 
the  city  council  an  itemized  and  exact  report  of  all 
such  expenditures,  together  with  such  information  as 
has  been  included  in  the  annual  report  of  the  chief 
engineer.  They  shall  not  expend  any  money,  nor  credit  of  depart- 
incur  any  liabilities  or  obligations  that  shall  in  the  Sfc'eeSed." 


146 


REVISED   ORDINANCES. 


Approval  of  bills 
and  pay  rolls. 


Treasurer  to  ad- 
vance money  for 
contingencies. 


Emergency  bills  to 
be  approved. 


Money  to  be  re- 
turned to  treasury. 


Fire  department, 
of  whom  to  con- 
sist. 


aggregate  exceed  the  amount  standing  to  the  credit  of 
the  department ;  and  any  obligation  contracted  shall 
be  met  out  of  said  amount. 

Sect.  6.  No  bill  contracted  under  the  authority 
hereof  shall  be  paid  by  the  city  treasurer,  unless  the 
items  thereof  shall  be  approved  by  the  written  signa- 
tures of  a  majority  of  said  commissioners,  and  also 
audited  and  approved  as  otherwise  required  by  ordi- 
nance. The  quarterly  pay  rolls  of  the  department 
shall  be  approved  in  like  manner  before  payment. 

Sect.  7.  The  city  treasurer  shall  pay  over  to  the 
commissioners  of  the  fire  department,  as  soon  after 
the  tenth  day  of  December  of  each  year  as  said  com- 
missioners may  desire,  the  sum  of  two  hundred  dol- 
lars ;  the  same  to  be  paid  on  the  written  request  of  said 
commissioners  and  the  written  order  of  the  mayor  ; 
and  to  be  charged  to  the  appropriation  for  the  fire 
department  for  the  then  current  fiscal  year.  Said 
money  shall  be  kept  by  said  commissioners  apart  from 
any  money  of  their  own,  and  as  the  money  of  the  city, 
and  shall  be  used  only  for  such  necessary  expenses  as 
may  be  called  for  by  any  emergency  which  must  be 
met  at  once  and  without  the  delay  incidental  to  the 
approval  and  payment  of  bills  as  now  provided  by 
ordinance.  Whenever  any  expenses  shall  have  been 
paid  out  of  said  fund,  the  bill  therefor  shall  be  approved 
and  paid  by  the  treasurer  in  conformity  with  existing 
ordinances,  the  same  as  if  it  had  not  been  paid  out  of 
said  funds  ;  and  the  amount  thereof  shall  be  paid  to 
said  commissioners  to  be  placed  to  the  credit  of  said 
fund,  and  to  become  a  part  thereof,  to  make  good  the 
amount  used  by  them.  Said  commissioners  shall  annu- 
ally, prior  to  the  tenth  day  of  December,  pay  over  to 
said  treasurer  said  sum  of  two  hundred  dollars,  and 
the  same  shall  be  placed  to  the  credit  of  said  fire 
department. 

Sect.  8.  The  fire  department  for  the  city  of  Spring- 
field shall  consist  of  one  chief  engineer,  one  deputy 
chief  engineer,  one  superintendent  of  the  fire  alarm 
telegraph  who  shall  perform  the  duties  of  an  assistant 
engineer,  not  to  exceed  two  call  assistant  engineers, 
seventy  members  permanently  employed,  seventy- 
eight  call  members,  and  twenty-five  running  members, 
all  of  whom  shall  be  appointed  by  the  board  of  com- 
missioners of  the  fire  department ;  six  steam  fire 
engine  companies,  six  hose  companies,  one  chemical 


FIRE    DEPARTMENT.  I47 

engine  company  and  four  hook  and  ladder  companies, 
and  as  many  more  such  engine,  hose  and  hook  and 
ladder  companies  and  members  as  the  fire  apparatus 
belonging  to  the  city,  from  time  to  time  shall  require, 
in  the  opinion  of  the  city  council. 

All  appointments  under  this  section,   except  the  Nominations  and 

v'i?  •  J  J  1-i?  J  '    i.        J.  •  appointments. 

chief  engmeer,  deputy  chief,  and  assistant  engineers, 
shall  be  made  from  nominations  presented  to  said  com- 
missioners by  the  engineers  of  the  fire  department.  If 
such  nominations  are  rejected  by  the  commissioners, 
new  nominations  shall  be  made  by  said  engineers  If 
at  the  expiration  of  ten  days  after  nominations  have 
been  called  for,  the  engineers  fail  to  make  such  nomi- 
nations, the  commissioners  may  appoint  without  such 
nominations  being  made. 

Sect.  9.     The  composition  of  the  various  companies  Board  to  prescribe 
of  the  fire  department  and  the  duties  of  all  the  mem-  companies  and 

I-  j?-i^j  J.  X1111  1  o^ii  1    duties  of  members. 

bers  of  said  nre  department  shall  be  such  as  the  board 
of  commissioners  of  the  fire  department  may  from 
time  to  time  determine  and  establish. 

Sect.  10.     The  chief  engineer,  deputy  chief  engi-  chief,  deputy 
neer,  superintendent  of  the  fire  alarm  telegraph,  and  ant^lngfneerl'and 
assistant  engineers  of  the  fire  department  shall  be  Ire  aiarm"tJf be ''^ 
chosen  by  viva  voce  vote  annually  on  the  first  Monday  of  by^board""-"*"^ 
January,  or  within  thirty  days  thereafter  by  the  com- 
missioners of  the  fire  department  and  shall  hold  their 
offices  for  one  year  from  the  first  Monday  in  February  tenure  of  office, 
in  each  year,  or  until  their  successors  are  duly  elected 
and  qualified,  unless  sooner  removed  by  vote  of  said 
commissioners.      Vacancies  in  their  number  may  be  vacancies, 
filled  at  any  time,  in  the  manner  provided  for  an 
original  election.     The  respective  rank  of  the  assistant  Rank  of  assistants, 
engineers  shall  be  determined  in  their  election. 

Sect.  11.     The  engineers  chosen  as  provided  in  the  Board  of  engi- 
preceding  section  shall,  annually,  as  soon  as  practica-  °^®"' 
ble  after  their  election,  meet  and  organize  as  a  board 
of  engineers.     The  chief  engineer  shall  preside  at  the  meetings; 
meeting  held  for  such  organization,  and  at  all  meet- 
ings of  the   board  ;    and  in  his  absence,  the  deputy 
chief.     In  the  absence  of  the  chief  and  deputy  chief  quorum; 
engineer,  the  assistant  engineer  first  in  rank  of  those 
present  shall  preside.    A  majority  of  the  whole  board 
shall  constitute  a  quorum.      They  may  make  such  regulations, 
regulations  for  their  own  government  as  they  may  see 
fit,  subject  to  the  approval  of  the  commissioners  of  the 
fire  department. 


148  REVISED   ORDINANCES. 

Board  of  en-rineera       Sect.  12.     The  board  of  entrineers  may,  subiect  to 

may  luake  certain    .,  1/..1  ••  ~,^, 

rules.  the  approval  or  the  commissioners  of  the  fire  depart- 

ment, make  such  rules  and  regulations  for  the  govern- 
ment, discipline,  and  good  order  of  the  department 
and  for  the  extinguishment  of  fires  as  they  may  deem 
expedient. 

Chief  engineer  to        Sect.  1-).    It  shall  be  the  dutv  of  the  chicf  engineer 

report  violations  .  ..  *,,.i,.  . 

of  buiidint;  or.ii  to  make  a  rcport  in  writing  to  the  building  inspector 
and  city  marshal  of  any  violations  coming  to  his  notice 
of  any  provision  of  any  ordinance  of  the  city  establish- 
ing a  fire  district  and  regulating  the  construction  of 
buildings  ;  and  he  shall  perform  such  other  duties  as 
the  commissioners  of  the  fire   department  may  from 

other  duties;  time  to  time  prescribe.  He  shall  devote  his  whole  time 
to  the  interests  and  business  of  the  department.     In 

power! "devolve  oli  case  of  his  absoncc  from  the  city  or  disability  from  any 

deputy  chief, etc.  ^ause  to  perform  his  duties,  his  powers  shall  vest  in 
and  his  duties  be  devolved  upon  the  deputy  chief  or,  in 
the  absence  of  the  deputy  chief,  the  assistant  engineer 
first  in  rank  of  those  present  in  the  city. 

tlct^and  remove**'        Sect.  14.     It  shall  be  the  duty  of  the  chief  engineer, 

materials'*'^  or  in  his  absencc  of  the  deputy  chief  engineer,  to  ex- 
amine or  cause  to  be  examined  all  buildings  and  other 
places,  where  ashes,  shavings,  or  other  combustible 
materials  may  be  collected  or  deposited,  and  at  all 
times  to  be  vigilant  in  causing  the  removal  of  the 
same,  whenever  necessary  in  his  opinion,  to  avoid 
danger  from  fire.  He  shall  direct  the  tenant  or  occu- 
pant of  any  such  building  or  place,  to  remove  or  other- 
wise safely  dispose  of  such  ashes,  shavings,  or  other 
combustible  materials  ;  and  in  case  such  tenant  or 
occupant  shall  fail  or  refuse  so  to  do,  the  chief  engineer 
or  deputy  chief  engineer  shall  remove  or  cause  to  be 
removed  the  same,  at  the  expense  of  the  said  tenant  or 

Penalty.  occupaiit.      Any  such  tenant  or  occupant  who  shall, 

when  thereto  directed  by  said  chief  engineer,  or  deputy 
chief  engineer,  neglect  or  refuse  to  so  remove  any  such 
ashes,  shavings,  or  other  combustible  materials,  shall 
be  liable  to  a  penalty  for  each  such  neglect  or  refusal 
of  not  more  than  twenty  dollars. 

Chief,  etc.,  to  Sect.  15.     It  shall  also  be  the  duty  of  the  chief 

examine  buildings  .  .i-i  /.^ii  ^         ^  •    e 

upon  request,  engineer,  or  in  his  absence  of  the  deputy  chief  engineer, 
when  requested  by  two  or  more  citizens,  representing 
that  ashes  or  combustible  materials,  are  kept  in  an  in- 
secure or  illegal  manner,  or  that  the  funnels,  flues, 
fireboards,  or  heating  apparatus  of  any  building  in 


FIRE   DEPARTMENT. 


149 


the  city  are  in  an  insecure  or  dangerous  state,  to  make 
a  personal  examination  of  such  place  or  building,  and 
to  give  the  owner  or  occupant  thereof  written  notice 
of  the  changes,  alterations  or  repairs  which  in  his 
opinion,  the  public  safety  may  require  ;  and  any  per- 
son who  shall  neglect  or  refuse  to  make  such  changes, 
alterations,  or  repairs  when  so  required,  or  shall  pre- 
vent the  examination  aforesaid,  or  shall  obstruct  the 
said  engineer  in  carrying  out  the  provisions  of  this 
section,  shall  be  liable  to  a  penalty  not  exceeding 
twenty  dollars. 

Sect.  16.  Every  engine,  hook  and  ladder,  chemical 
engine  and  hose  company  shall  have  a  captain,  lieu- 
tenant and  clerk,  who  shall  be  elected  by  the  board  of 
commissioners  of  the  fire  department  from  nomina- 
tions presented  to  said  commissioners  by  the  chief 
engineer  and  deputy  chief  engineer.  If  such  nomina- 
tions are  rejected  by  the  commissioners,  new  nomina- 
tions shall  be  made  by  said  engineers.  If  at  the 
expiration  of  ten  days  after  nominations  have  been 
called  for,  the  engineers  fail  to  make  such  nominations, 
the  commissioners  may  elect  without  such  nominations 
being  made.  The  clerk  shall  be  one  of  the  permanent 
men  of  the  company,  and  shall  perform  the  duties  of 
clerk  without  any  extra  compensation  therefor.  The 
person  elected  shall  have  notice  of  his  election  by 
certificate  thereof,  signed  by  the  commissioners,  and 
shall  hold  the  office  to  which  he  is  chosen  for  the  term 
of  one  year  from  the  first  day  of  May  preceding  his 
election,  and  until  another  shall  be  duly  chosen  in  his 
stead,  unless  sooner  removed  by  the  board  of  commis- 
sioners of  the  fire  department. 

Sect.  17.  Any  officer  or  member  of  the  fire  depart- 
ment may,  at  any  time,  be  suspended,  removed  or  dis- 
charged by  the  commissioners  of  the  fire  department. 

Sect.  18.  Any  officer  or  member  of  the  fire  depart- 
ment, except  the  deputy  chief  engineer  or  an  assistant 
engineer,  who  shall  willfully  neglect  or  refuse  to  per- 
form his  duty,  or  shall  be  guilty  of  disorderly  conduct 
or  of  disobedience  of  orders  or  disrespect  to  superiors 
in  office,  may  be  suspended  from  the  said  department 
by  the  chief  engineer  or  deputy  chief  engineer  when 
in  charge  ;  provided,  however,  that  whenever  the  per- 
son so  suspended  feels  aggrieved,  he  may,  within 
thirty  days  from  such  suspension,  appeal  to  the  com- 
missioners of  the  fire  department  for  an  investigation 


and  may  require 
alterations. 


Penalty. 


Each  company  to 
have  captain, 
lieutenant,  and 
clerk, 


how  chosen, 


clerk's  duties, 


and  tenure  of 
office. 


Commissioners 
may  su8pen<l,  re- 
move, or  dis- 
charge. 


Chief,  etc.,  to  have 
power  to  sui^V'^nd 
in  certain  cases. 


Appeal. 


150  REVISED   ORDINANCES. 

of  the  case,  and  said  commissioners  may,  if  they  see 
fit,  reinstate  him  in  the  place  from  which  he  was  so 
suspended. 
Members  of  de-  Sect.  10.     No  person  shall  be  a  member  of  the  fire 

parttnent  must  be    ,  ,  ,  ,  i         •         ^     ,  i        ,  ■  .    .  .      , 

citizens,  department  unless  he  is  at  the  time  a  citizen  of  the 

city  of  Springfield  and  not  less  than  twenty -one  years 
of  age.     No  person  fully  or  permanently  employed  by 

and  not  empioyeti  the  State,  or  bv  the  city  in  any  other  department,  shall 

or  city.  be  a  member  of  said  fire  department ;  and  any  member 

of  the  fire  department  accepting  a  position  requiring 
him  to  be  so  employed  or  removing  from  the  city,  shall 
be  considered  thereby  to  have  resigned  his  member- 
ship of  said  fire  department. 

Running  members       Sect.  20,     Running  members  shall  observe  the  same 

to  observe  same  ,  i     .  •  i       • 

rules,  etc.,  as  call  rules,  regulations,  and  city  ordinances  as  govern  call 

members  and  be  held  to  like  responsibilities. 
Clerks  of  com-  Sect.  21.     The  clerks  of  the  several  companies  of 

panics,  duties  of  ^ 

as  to  rolls.  the  said  department  shall,   on  the  first  Mondays  in 

March,  June,  September  and  December  in  each  year, 
upon  blanks  furnished  by  the  city,  make  out  rolls 
bearing  the  full  names,  occupations,  ages,  and  resi- 
dences, of  the  members  of  their  respective  companies, 
specifying  also  the  number  of  times  the  said  compa- 
nies have  been  called  out  and  the  attendance  of  the 
members    respectively  for  the    then    previous  three 

Rolls  to  be  signed  mouths ;  Said  rolls  shall  be  filled  out  properly  and 

by  captain  and  .  ii.i  ,.  iii  /.i 

clerk,  Signed  by  the  captain   and  clerk  of  the  company  to 

which  they  relate,  and  immediately  delivered  to  the 

approved  by  chief,  chief  engineer  for  his  approval,   who  shall  at  once 

and  transmitted  to  .  -j.  j.i  x      xi  •       •  j?   xi        r»  i  ^ 

commissioners,      transmit  them  to  the  commissioners  of  the  nre  depart- 
penaity  for  faisifi- ment.     Captains  or  clerks  signing  falsified  rolls  shall 

cation  of  rolls.         r       j  •         •  j   /•  ^  i 

be  dismissed  from  the  service. 

Am9unt8  due  com-  Sect.  22.  The  amounts  allowed  to  the  Several  Com- 
panies as  aforesaid  shall  be  paid  to  the  permanent  cap- 
tains of  the  respective  fire  stations,  to  be  by  them  dis- 
bursed immediately  to  the  members  therein  stationed. 

Receipts  to  be  Ob-  as  the  Same  may  be  due.     Said  captains  shall  obtain 

tained  by  captains /.  .j  ,  .,,  •     .      /•  n  'j 

and  filed  with  city  f  rom  Said  members  written  receipts  for  all  money  paid 
reasurer.  them,  which  receipts  they  shall  forthwith  file  with  the 

city  treasurer,  who  shall  see  that  such  receipts,  cov- 
ering the  amount  paid  to  the  respective  captains,  are 
so  filed  prior  to  making  any  subsequent  payment  to 
them. 
Apparatus  not  to  Sect.  23.  No  engine  or  any  part  of  the  apparatus 
cfty.  er%pt*°^  *^  belonging  to  the  said  department  shall  be  taken  from 
the  city  at  any  time,  except  for  the  purpose  of  having 


FIRE    DEPARTMENT. 


151 


the  same  repaired  ;  provided,  however,  that  in  case  of  a 
fire  in  a  neighboring  town  or  city,  the  chairman  of  the 
commissioners  of  the  fire  department,  or,  in  his  absence 
from  the  city,  the  chief  engineer,  or,  in  the  absence  of 
both  from  the  city,  the  deputy  chief  or  assistant  engi- 
neer in  charge  of  the  department  may  order  any 
engine,  or  any  of  said  apparatus  to  be  taken  to  such 
town  or  city  for  the  purpose  of  assisting  in  the  extin- 
guishing of  such  fire. 

Sect.  24.     No  person  not  a  member  of  the  said  fire  no  person,  not  a 
department,  being  present  at  a  fire,  shall  assume  with-  Sent,  shaii  inter- 
out  authority  to  exercise  control  over  any  members  of    ^'®  *  *   ^^' 
the  said  department  in  respect  to  their  duty,  or  will- 
fully or  unnecessarily  make  outcries  or  other  loud 
noises,  or  be  guilty  of  disorderly  conduct  in  any  man- 
ner, or  promote  or  encourage  disorderly  conduct  in 
others  then  present ;  and  it  shall  be  the  duty  of  the  Names  of  persona 
engineers  to  report  to  the  commissioners  of  the  fire  reported^ 
department  the  name  of  any  person  so  offending,  and 
of  every  person  who  shall,  contrary  to  law,  refuse  or 
neglect  to  obey  any  lawful  order  of  any  engineer  at 
any  fire  occurring  in  the  city. 

Sect.  25.     No  person  not  a  member  of  the  fire  depart-  no  persons,  except 
ment  or  of  the  police  department,  shall,  without  the  ftremen,  to  enter 
authority  of  some  one  of  the  oflBcers  of  one   of  said  caded  by  are  de- 
departments,  willfully  remain  or  enter  upon  such  part  ^*  ™*'* " 
of  any  street,  lane,  or  alley  as  is  by  the  authority  of 
the  officers  of  either  of  said   departments   roped  off, 
barricaded,  or  plainly  designated  in  any  way  for  the 
use  of  the  fire  department  in  extinguishing  a  fire,  or 
for  the  protection  of  persons  attending  any  fire. 

Sect.  26.     The  pay  of  the  members  of  said  depart-  Pay  of  members 
ment  shall  from  time  to  time  be  fixed  by  the  city  council*'* '^ 
council. 

Sect.  27.    The  superintendent  of  the  fire  alarm  is  superintendent  of 

■Lii-  11  /v>  -1  11-  fire  alarm  desig- 

hereby  designated  as  the  officer  required  to  be  desig-  nated  as  supervisor 

nated  or  appointed   under  the  provisions  of  section 

eighteen   of  chapter  one  hundred  and  twenty-two  of 

the  Revised  Laws.     Said  superintendent  shall  perform 

all  of  the  duties  incumbent  upon  him  as  such  officer, 

by  reason  of  the  provisions  of  said  act,  and  of  any  acts 

in  amendment  thereof,  or  in  addition  thereto. 

Sect.  28.     Upon  recommendation  of  the  chief  engi-  Board  of  commw- 

j,    ,1        ^  •,  ,  .  .    .  sioners  may  grant 

neer  of  the  tire  department  or  upon  his  own  petition  pensions  in  cases 


therefor,  any  member  of  the  fire  department  who  by 
reason  of  permanent  disability  incurred  while  in  the 


of  disability, 


152 


REVISED   ORDINANCES. 


and  after  twenty 
years'  service  in 
certain  cases. 


Pensions  to  be 
payable  monthly 
and  may  be 
changed  by  com- 
missioners. 


City  physician  to 
examine  petition- 
ers, and  to 
examine  pension- 
ers annually  and 
report. 


Canse  of  disability 
to  be  stated  in 
writing  by  chief, 
when. 


Commissioners  to 
examine  cases  and 
.decide  upon  pen- 
sions by  majority 
vote. 


Limitation  upon 
pension  of  chief 
or  deputy  chief 
engineer. 


Pensions  for  dis- 
ability not  to 
exceed  $40  a 
month. 


Pensions  for 
twenty  years"  serV' 


discharge  of  his  duty  as  fireman,  is  no  longer  able  to 
perform  active  service  as  such  fireman,  or  any  member 
of  the  fire  department  who  has  performed  faithful 
service  in  that  department  for  a  period  of  not  less  than 
twenty  consecutive  years,  provided  that  he  is  incapaci- 
tated for  further  useful  service,  or  any  member  of  the 
fire  department  who  has  reached  the  age  of  sixty-five 
years,  and  who  has  performed  faithful  service  in  that 
department  for  a  period  of  not  less  than  twenty  con- 
secutive years,  shall  receive  such  a  pension  for  such 
time  and  to  such  an  amount  as  the  board  of  commis- 
sioners of  the  fire  department  may  determine  and  fix, 
not  to  exceed  the  amounts  hereafter  specified. 

Sect.  29.  Every  pension  granted  to  a  fireman  shall 
be  payable  monthly,  and  at  any  time  may  be  increased, 
diminished  or  revoked  by  the  board  of  commissioners 
of  the  fire  department  after  a  hearing. 

Sect.  30.  The  city  physician  shall  examine  every 
person  recommended  or  petitioning  for  a  pension  be- 
cause of  permanent  disability  or  incapacity  for  useful 
service,  and  shall  annually  thereafter  furnish  to  the 
board  of  commissioners  of  the  fire  department  a  written 
statement  of  the  pensioner's  physical  condition  so  far 
as  it  affects  permanently  his  ability  or  capacity  to  per- 
form active  service  as  a  fireman. 

Sect.  31.  When  any  member  of  the  fire  department 
makes  application  for  a  pension  because  of  permanent 
disability  incurred  in  discharge  of  his  duty  as  a  fire- 
man, the  chief  engineer  shall  forthwith  furnish  to  the 
board  of  commissioners  of  the  fire  department  a  writ- 
ten statement  of  the  circumstances  under  which  the 
disability  of  the  applicant  for  pension  was  incurred 
and  the  source  of  his  information. 

Sect.  32.  The  board  of  commissioners  of  the  fire 
department  shall  examine  into  all  the  cases  where 
pensions  are  applied  for,  and  a  decision  of  a  majority 
of  the  said  board  shall  be  final. 

Sect.  33.  A  pension  granted  to  the  chief  engineer 
or  the  deputy  chief  engineer  shall  not  exceed  one  half 
of  the  salary  received  by  him  at  the  time  he  may  be 
disabled. 

Sect.  34.  A  pension  granted  a  member  because  of 
permanent  disability  or  incapacity  for  further  useful 
service  shall  not  exceed  forty  dollars  a  month. 

Sect.  35.  A  pension  granted  a  member  who  has 
reached  the  age  of  sixty-five  having  performed  faith- 


FIRE   DEPARTMENT. 


153 


ful  service  for  not  less  than  twenty  consecutive  years, 
shall  not  exceed  twenty-five  dollars  a  month. 

Sect.  36.  The  pensions  herein  provided  for  shall  be 
paid  out  of  the  appropriation  for  the  fire  department. 

Sect.  37.  No  person  shall,  without  authority  from 
the  chairman  of  the  board  of  fire  commissioners,  or  the 
superintendent  of  the  fire  alarm  telegraph,  open,  or  in 
any  way  interfere  with,  break,  or  injure  a  signal  box, 
wire,  or  anything  connected  with  the  fire  alarm  tele- 
graph apparatus,  except  for  the  purpose  of  giving  an 
alarm  in  case  of  fire. 

Sect.  38.  No  person  shall  willfully  or  without  cause 
destroy,  injure,  or  deface  a  signal  box,  wire  or  any 
other  thing  connected  with  the  fire  alarm  telegraph 
apparatus. 

Sect.  39.  Whoever  violates  any  of  the  provisions 
of  sections  twenty-four,  twenty-five,  thirty-seven  and 
thirty-eight  of  this  chapter  shall  be  punished  by  a  fine 
of  not  exceeding  twenty  dollars. 


ice,  etc.,  not  to 
exceed  $25  a 
month. 

Pensions  to  be  paid 
out  of  appropria- 
tion for  depart- 
ment. 

No  person  shall 
witnout  authority 
interfere  with  Are 
alarm  telegraph. 


No  person  shall 
injure  apparatus 
of  fire  alarm  tele- 
graph. 


Penalty  for  viola^ 
tions  of  §§  24,  25, 
37,38. 


154 


REVISED   ORDINANCES. 


CHAPTER  30. 

FIRE  DISTRICT   AND   CONSTRUCTION  OF   BUILDINGS 
THEREIN. 


Section. 

1.  Fire  limits  bounded. 

2.  Restrictions  and  requirements 

as  to  buildings  within  limits. 

3.  Foundation  walls,  how  built, 

piles  may  be  required.  Con- 
struction under  sidewalks 
and  in  areas. 

4.  Construction  of  piers  in  base- 

ments ;  of  brick  walls. 

5.  Spaces  between  walls  ;  piers, 

buttresses,  etc. ;  thickness  of 
walls. 

6.  Requirements  as  to  walls  al- 

ready constructed.  Walls  to 
be  bonded.  No  wall  to  be 
carried  up  more  than  two 
stories  in  advance  of  any 
other. 

7.  Walls  to  be  carried  to  roof. 

Hollow  walls. 

8.  Construction  of  cornices,  etc., 

covering  of  roofs ;  projecting 
sliow  windows ;  columns. 

9.  Strength  of  floors,   of   roofs. 

Requirements  as  to  timbers 
entering  brick  walls.  Writ- 
ten statements  as  to  certain 
buildings  to  be  filed  and  re- 
corded. Inspector  may  ex- 
amine buildings  and  order 
change  of  load. 

10.  Construction  of  chimneys  ;  of 

fireplaces.  Chimneys  to  ex- 
tend 3  feet  above  roof.  Space 
over  furnaces  and  around 
stovepipes. 

11.  Certain  buildings  to  be  pro- 

vided with  standpipes. 


Section. 

12.  Elevators  to  be  carried  above 

roofs,  enclosures  to  be  of 
metal,  etc.  Outside  electric 
switches  and  gas  valves. 

13.  No    wooden    building   within 

fire  limits  to  be  raised,  recon- 
structed, or  moved,  except. 

1 4.  Wooden  buildings  damaged  by 

fire  may  be  rebuilt  if  60%  of 
value  remains;  board  of  al- 
dermen to  determine  value 
and  may  adjudge  building  a 
nuisance  if  less  than  60% 
remains. 
16.  Inspector  of  buildings,  duties 
as  to  notice,  etc. ;  if  notice  to 
owner  is  disregarded,  notice 
to  be  given  to  mayor. 

16.  Stores,  etc.,  more  than  45  feet 

high  to  have  fireproof  doors, 
blinds,  or  shutters. 

17.  Inspector   of   buildings,   how 

designated.  Tenure  of  office. 
Chief  and  deputy  chief  en- 
gineers of  fire  department  to 
be  ineligible. 

18.  Openings  in  party  walls.    Fire 

and  smoke  stops.  Thickness 
and  height  of  walls,  how 
measured.  Provisions  as  to 
walls  built  in  part  of  iron  or 
steel.  Wood  lintels.  Bonding 
of  walls  built  of  both  brick 
and  stone.  Water  tanks  to  be 
on  brick  walls  and  approved 
by  inspector. 

19.  Penalty. 


Fire  limits 
bounded. 


Section.  1.  The  fire  limits  of  the  city  of  Spring- 
field shall  include  all  that  part  of  the  city  bounded 
northerly  by  a  line  one  hundred  and  fifty  feet  north 
of  Bradford  and  Carew  streets,  easterly  by  a  line  one 
hundred  and  fifty  feet  east  of  Chestnut  and  Maple 
streets  and  extending  southerly  to  the  northerly  side  of 
Temple  street,  thence  along  the  center  line  of  Maple 
street  to  Central  street,  southerly  by  a  line  one  hundred 


FIRE  DISTRICT— CONSTRUCTION  OF  BUILDINGS  THEREIN.  155 

and  fifty  feet  south  of  Central  and  Fremont  streets 
and  Whitney  avenue,  and  westerly  by  the  Connecticut 
river. 

Sect.  2.     No  building  or  structure  shall  be  erected  ^^uJ^J^entsas  to 
or  constructed  within  said  fire  limits  unless  the  external  S"*','?'"^^*  within 

nre  Iimita. 

and  party  walls  of  the  same  are  composed  of  brick, 
stone,  iron  or  other  incombustible  materials,  and  no 
building  already  erected  or  hereafter  to  be  built,  shall 
be  raised,  altered  or  built  upon,  unless  when  com- 
pleted it  shall  be  in  conformity  to  the  requirements  of 
this  ordinance. 

Sect.  8.     Foundation  walls  shall  be  built  of  stone  Foandation  waiis, 
or  brick.      If  built  of  rubblestone,   they  shall  be  at  "^  ' 

least  eight  inches  thicker  than  the  wall  next  above 
them  to  a  depth  of  twelve  feet  or  less  below  the  curb 
level,  and  for  every  additional  ten  feet  or  part  thereof 
in  depth,  they  shall  be  increased  four  inches  in  thick- 
ness. If  built  of  brick  or  block  stone  laid  in  courses, 
they  shall  be  at  least  four  inches  thicker  than  the  wall 
next  above  them  to  a  depth  of  twelve  feet  or  less  be- 
low the  curb  level,  and  for  every  additional  ten  feet  or 
part  thereof  in  depth,  they  shall  be  increased  four 
inches  in  thickness.  The  footing  or  base  course  shall 
be  of  stone  or  concrete,  or  both,  or  of  stepped-up  brick 
work  on  a  secure  foundation,  and  of  sufficient  thick- 
ness and  area  to  bear  safely  the  weight  to  be  imposed 
thereon.  If  the  base  course  be  of  concrete,  it  must  be 
made  satisfactory  to  the  inspector  of  buildings  ;  if  of 
stone,  the  stones  shall  be  not  less  than  two  feet  cross- 
wise the  wall  and  at  least  eight  inches  in  thickness  for 
the  walls,  and  at  least  twelve  inches  wider  than  the 
bottom  width  of  the  walls  ;  and  if  under  piers,  columns 
or  posts,  not  less  than  ten  inches  in  thickness  and  at 
least  twelve  inches  wider  on  all  sides  than  the  bottom 
width  of  such  piers,  columns  or  posts.  Where  the  puesmayhe 
nature  of  the  ground  is  such  that  extra  footings  or  ''®*^"'™''- 
foundations  are  necessary,  said  inspector  may  require 
piles  or  other  means  of  securing  suitable  foundations. 
Before  the  walls  of  buildings  are  carried  up  above  the 
foundation,  all  pipes  for  sewer  connections  must  be 
laid.  In  buildings  where  the  space  under  the  sidewalk  oonstmction 
is  utilized,  a  sufficient  stone  or  brick  wall  shall  be  built  andln^areTs* 
to  retain  the  roadway  of  the  street,  and  the  side,  end 
or  party  walls  of  such  buildings  shall  extend  under 
the  sidewalk  to  such  retaining  wall,  and  shall  be  not 
less  than  twelve  inches  in  thickness.     The  covering 


156 


REVISED    ORDINANCES. 


Construction  of 
piers  in  base- 
ments; 


of  brick  walls. 


used  for  such  areas  shall  be  of  stone,  brick,  iron  or 
other  incombustible  materials,  and  of  sufficient 
strength  to  insure  the  safety  of  persons  walking  on 
the  same  and  to  carry  any  load  to  which  the  same  may 
be  subjected.  Open  areas  shall  be  properly  protected 
with  suitable  railings. 

Sect.  4.  All  piers  in  the  basements  of  buildings 
shall  be  built  of  stone,  well  bonded,  or  of  good,  hard, 
well-burned  brick  laid  in  cement  mortar.  Brick  piers 
over  twelve  inches  square,  except  in  dwelling  houses 
and  stables,  shall  have  built  into  them  for  their  entire 
height  bond  stones  or  iron  plates  of  the  full  size  of  the 
piers  and  not  over  forty  inches  apart.  The  bond  stones 
to  be  at  least  four  inches  thick  and  the  plates  not  less 
than  one  and  one-half  inches  in  thickness.  In  ware- 
houses, stores  or  other  buildings  over  forty  feet  in 
height,  all  piers  built  of  brick  and  more  than  six  feet 
in  height  shall  be  not  less  than  twelve  inches  square, 
and  have  a  cap  proportioned  to  the  load  to  be  carried 
and  of  the  full  size  of  the  pier  under  all  girders,  iron 
or  other  columns  to  be  supported  by  such  pier.  The 
mortar  shall  be  made  of  sand  and  cement,  in  the  pro- 
portion of  not  more  than  three  parts  of  sand  to  one 
part  of  cement,  and  shall  be  used  immediately  after 
being  mixed.  All  brick  walls  of  warehouses,  stores 
and  factories,  twenty-five  feet  or  less  in  width  between 
the  walls,  shall  not  be  less  than  twelve  inches  in  thick- 
ness to  the  height  of  thirty-five  feet.  If  over  thirty- 
five  feet  in  height  and  not  over  sixty  feet,  the  walls 
shall  be  not  less  than  sixteen  inches  thick  to  the  height 
of  thirty-five  feet,  or  to  the  nearest  tier  of  beams  to 
that  height,  and  not  less  than  twelve  inches  thick 
thence  to  the  top.  If  over  sixty  feet  in  height  and  not 
over  seventy-five  feet,  the  walls  shall  be  not  less  than 
twenty  inches  thick  to  the  height  of  twenty-five  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  and  from 
thence  not  less  than  sixteen  inches  thick  to  the  height 
of  fifty-five  feet,  and  thence  not  less  than  twelve 
inches  to  the  top.  If  over  seventy-five  feet  and  not 
over  one  hundred  feet  in  height,  the  walls  shall  be  not 
less  than  twenty-four  inches  thick  to  the  height  of 
twenty  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  thence  not  less  than  twenty  inches  thick  to  the 
height  of  sixty  feet,  or  to  the  nearest  tier  of  beams  to 
that  height,  and  thence  not  less  than  sixteen  inches  to 
the  height  of  eighty-five  feet,  and  thence  not  less  than 


FIRE  DISTRICT— CONSTRUCTION  OF  BUILDINGS  THEREIN.  167 

twelve  inches  thick  to  the  top.  Walls  over  one  hun- 
dred feet  high  must  be  subject  to  the  approval  of  the 
board  of  aldermen. 

Sect.  5,  Whenever  there  is  to  be  a  clear  space  ^P««g«»  »*«t^««» 
without  a  vertical  support  of  over  twenty-five  feet  be- 
tween main  or  partition  walls,  the  bearing  walls  shall 
be  four  inches  more  in  thickness  than  specified  in  sec- 
tion four  for  every  twelve  and  one-half  feet  or  fraction 
thereof  that  said  space  shall  exceed  said  twenty-five 
feet.  W  henever  the  walls  of  any  building  are  less  than 
twenty-five  feet  apart  and  the  building  is  less  than  forty 
feet  deep,  or  there  are  cross  walls  not  more  than  forty 
feet  apart,  or  piers  or  buttresses  are  built  into  the  walls, 
the  interior  walls  may  be  reduced  in  thickness  in  just 
proportion  to  the  number  of  cross  walls,  piers  or  but- 
tresses and  their  nearness  to  each  other,  and  the  in- 
spector is  empowered  to  decide  how  much  such  walls 
may  be  so  reduced  without  endangering  the  strength 
of  the  building,  and  where  either  interior  or  exterior 
walls  are  weakened  by  openings,  they  must  herein-  piers,  buttresses, 
forced  by  piers,  pilasters  or  buttresses,  as  said  inspector 
may  direct.  Churches,  theaters  and  halls  shall  in 
no  case  be  less  than  is  specified  for  warehouses,  and 
such  buildings  shall  also  have  in  addition  thereto  such 
piers  or  buttresses  as  in  the  judgment  of  said  inspector 
may  be  necessary.  The  walls  of  other  public  buildings  twcknessof  waiis. 
must  be  of  suitable  thickness,  subject  to  the  approval 
of  said  inspector.  One-story  structures  not  exceeding 
a  height  of  fifteen  feet  may  be  built  with  eight  inch 
walls  when  the  bearing  walls  are  not  more  than  nine- 
teen feet  apart  and  the  length  of  the  eight-inch  bear- 
ing walls  do  not  exceed  thirty-five  feet.  Curtain  walls 
of  brick,  built  in  between  iron  or  steel  columns  and 
supported  wholly  on  iron  and  steel  girders  not  over 
eighteen  feet  apart,  shall  be  not  less  than  eight  inches 
thick.  The  upper  story  of  outer  wall  and  the  partition 
walls  of  dwelling  houses  may  be  eight  inches  thick. 

Sect.  6.  Exterior  or  party  walls  already  erected  Requirements  as 
may  be  used,  if  in  good  condition,  provided  the  height  coiwtrucyd.*  * 
of  the  same  be  not  increased.  In  case  it  is  desired  to 
increase  the  height  of  the  said  walls,  the  walls  must  be 
reinforced  by  additional  brick  work  to  form  a  com- 
bined thickness  with  the  old  wall  of  not  less  than  four 
inches  more  than  the  thickness  required  for  a  new 
wall  corresponding  with  the  height  of  the  wall  when 
increased.     The  additional  thickness  shall  be  supported 


158  REVISED   ORDINANCES. 

on  proper  foundations  and  carried  up  to  such  height  as 
said  inspector  may  require,  and  it  shall  be  not  less 
than  eight  inches  in  thickness,  laid  in  cement  mortar, 
thoroughly  anchored  to  the  old  wall  and  subject  to 
the  approval  of  said  inspector.  The  old  walls  shall 
first  be  cleaned  of  plaster  or  other  coating  where  any 
wai^Bjo  be  lining  is  to  be  built  against  the  same.     The  front,  rear, 

side  and  party  walls  shall  be   properly  bonded  to- 
gether or  anchored  to  each  other  every  six  feet  in  their 
height  by  wrought-iron  tie  anchors  not  less  than  one 
and  one-half  inches  by  three-eighths  of  an  inch  in  size, 
whenever  said  front,  rear  or  party  walls  are  not  built 
or  bonded  together  by  brickwork  as  the  building  is  be- 
No  waii  to  be  car-  ing  constructed,  and  in  no  case  shall  any  wall  or  walls 
two  storiesTn  ad"  be  Carried  up  more  than  two  stories  in  advance  of  any 
vanceofany  other,  ^^j^gj,  ^^jj  excopt  by  permission    of  Said  inspector. 
wam^to  be  carried       Sect.  7.     All  division  or  party  walls  shall  be  Carried 
up  not  less  than  twenty-four  inches  above  the  roof 
and  shall  be  capped  with   stone  or    metal  securely 
fastened,  provided  that  on  the  fronts  or  steep  portions 
of  French  or  Mansard  roofs  the  party  wall  may  be  built 
up  to  the  roof  boards.     On  exterior  walls  at  least  eight 
inches  of  brick  wall  must  be  carried  to  the  under  side 
Hollow  walls.        of  the  roof  covering  behind  the  cornices.     In  all  walls 
that  are  built  hollow  the  same  quantity  of  material 
shall  be  used  as  if  they  were  built  solid,  and  the  parts 
of  the  same  must  be  connected  by  proper  ties  of  brick, 
stone  or  iron  placed  not  over  twelve  inches  apart  either 
way.     Recesses  for  water  or  other  pipes  made  in  walls 
shall  not  be  more  than  one-third  of  the  thickness  of 
the  walls  without  permission  from  said  inspector,  and 
recesses  around  such  pipes  must  be  filled  with  solid 
masonry  at  each  story, 
constroction  of  Sect.  8.     Stouc  or  brick  cornices  must  be  so  con- 

structed  that  at  least  two-thirds  of  the  weight  shall  be 
inside  the  outer  face  of  the  wall.      The  cornices  and 
jet,  Mansard  roofs  and  dormer  windows  of  all  build- 
ings, including  such  as  are  hereafter  replaced,  shall  be 
constructed  wholly  of   fireproof    materials,   and   the 
covering  of  roofs;  roofs  of  buildings  shall  be  covered  with  slate,  tin  or 
other  non-combustible  materials.    All  cornices  shall  be 
well  secured  to  the  walls  with  iron  anchors,  independ- 
projecting  show    ent  of  anv  woodwork.     Show  windows  extending  be- 
yond  the  front  walls  of  any  building  shall  be  con- 
structed of  iron   and  glass  or  other  non-combustible 
columns.  materials.     There  shall  be  suitable  columns  of  wood  or 


FIRE  DISTRICT— CONSTRUCTION  OF  BUILDINGS  THEREIN.  159 

iron  placed  in  all  warehouses,  stores  and  factories 
where  the  space  between  the  walls  shall  exceed 
twenty-five  feet,  and  every  such  column,  post  or  ver- 
tical support  shall  be  of  sufficient  strength  to  bear 
safely  the  weight  of  the  portion  of  each  and  every  floor 
depending  upon  it  for  support  in  addition  to  the  weight 
of  materials  comprising  the  same. 

Sect.  9.     In    every  building  used    as  a    dwelling  strength  of  floors, 
house,  tenement  house  or  hotel  each  floor  shall  be  of 
sufficient  strength  in  all  its  parts  to  bear  safely  upon 
every  superficial  foot  of  its  surface  seventy  pounds. 
If  to  be  used  for  office  purposes  not  less  than  one  hun- 
dred pounds  to  every  superficial  foot ;  if  it  is  to  be 
used  as  a  place  of  public  assembly,  one  hundred  and 
twenty  pounds,  and  if  to  be  used  for  a  store,  factory, 
warehouse  or  for  any  manufacturing  or  commercial 
purpose,  one  hundred  and  fifty  pounds.     Roofs  shall  be  of  roofs. 
of   sufficient  strength  to  support  fifty  pounds  upon 
every  superficial  foot.     All  joists,  beams,  and  other  Requirements  aa 
timbers  entering  brick  walls  shall  be  separated  end-  ing  brick  waiis. ' 
wise  at  least  four  inches  from  each  other  with  brick  or 
stone  laid  in  lime  or  cement  mortar,  and  the  ends  of 
all  such  timbers  shall  have  a  bearing  of  at  least  four 
inches  and  shall  be  cut  and  placed  so  that  the  falling 
of  the  timber  shall  not  destroy  the  wall.     In  all  ware-  written  sute- 

,  ,  ,  /.       ,       •  11  1       ,  ments  as  to  certain 

houses,  storehouses,  factories,  workshops  and  stores  buildings  to  be 

11  .       .    ■,  ij.ii  1-  filed  and  recorded. 

where  heavy  materials  are  kept  or  stored,  or  machinery 
introduced,  the  weight  that  each  floor  will  safely  sus- 
tain upon  each  superficial  foot  thereof  shall  be  estimated 
by  the  owner,  or  by  a  competent  person  employed  by 
such  owner,  who  shall  make  a  written  statement  of  the 
thickness  and  material  of  walls,  size,  distance  apart, 
and  material  of  girders,  beams,  columns  or  posts  to 
support  floors,  which  shall  be  filed  in  the  office  of  said 
inspector  and  recorded.  If  said  inspector  has  cause  to  inspector  may  ex- 
doubt  the  correctness  of  .said  estimate,  he  may  revise  ^d  order chan|e 
and  correct  the  same,  and  for  the  purpose  of  such  °^^*'**^- 
revision  may  enter  any  building  and  remove  or  cause 
to  be  removed  so  much  of  any  floor  or  other  portion 
thereof  as  may  be  required  to  make  the  necessary 
measurements  and  examination,  and  he  may,  when  he 
deems  it  necessary,  require  the  owner  or  occupant  of 
any  building  or  part  thereof  to  redistribute  the  load  on 
any  floor  or  to  lighten  such  load. 

Sect.  10.    All  chimneys  shall  be  so  built  that  the 
walls  thereof  shall  be  at  least  four  inches  in  thickness  SS'SyfJ*"'  "'^ 


160 


REVISED   ORDINANCES. 


of  fireplaces. 


Chimneys  to  ex- 
tend three  feet 
above  roof. 


Space  over  fur- 
naces. 


Spaces  around 
stovepipes. 


Certain  buildings 
to  be  provided 
with  standpipes. 


on  each  side  of  the  flues,  and  the  joints  of  the  brick 
work  shall  be  well  laid  in  cement  or  lime  mortar  struck 
smooth  on  the  inside  and  plastered  on  the  outside  from 
foundation  to  under  side  of  roofing.  No  woodwork  of 
any  kind  shall  be  placed  at  a  less  distance  than  one 
inch  from  the  outside  of  any  chimney  flue,  hot  air  or 
steam  pipe.  The  backs  and  hearths  of  fireplaces  shall 
be  not  less  than  eight  inches  thick  of  solid  masonry, 
and  floor  joists  and  flooring  shall  be  placed  at  least 
twenty  inches  from  the  front  of  the  chimney.  If 
chimneys  are  built  with  a  cast-iron  or  flreclay  lining 
from  the  bottom  of  the  flue,  or  from  the  throat  of  the 
fireplace,  if  the  flue  starts  therefrom,  carried  up  con- 
tinuously to  the  extreme  height  of  the  flue,  then  the 
thickness  of  the  wall  of  such  chimney  need  not  exceed 
four  inches.  All  chimneys  shall  extend  at  least  three 
feet  above  the  roof  and  be  capped  with  terra-cotta, 
stone,  cast-iron,  or  other  suitable  material.  All  fur- 
naces shall  have  a  space  of  at  least  twenty  inches 
between  the  top  of  the  furnace  and  the  underside  of 
the  floor  timbers  unless  the  same  is  protected  by  a 
metal  shield  extending  at  least  four  feet  in  front,  and 
in  no  case  shall  the  space  be  less  than  ten  inches.  No 
stovepipe  in  any  building  with  wooden  or  combustible 
floors,  ceilings  or  partitions  shall  enter  any  flue  unless 
the  said  pipe  shall  be  at  least  twelve  inches  from  either 
the  said  floors,  ceilings  or  partitions,  or  unless  the 
same  is  protected  by  a  metal  shield  in  which  case  the 
distance  shall  be  not  less  than  six  inches.  In  all  cases 
where  stovepipes  pass  through  stud  or  wooden  parti- 
tions of  any  kind,  floors  or  roof,  they  shall  be  guarded 
either  by  a  double  collar  of  metal  with  at  least  three 
inches  of  air  space  and  holes  for  ventilation,  or  soap- 
stone  not  less  than  three  inches  thick  extending 
through  the  partition  floor  or  roof  and  they  shall  be 
subject  to  the  approval  of  said  inspector. 

Sect.  11.  All  buildings  over  fifty  feet  in  height 
shall  be  furnished  with  permanent  standpipes  attached 
to  the  outside  of  the  walls,  to  extend  above  the  roof, 
with  two  inlets  at  a  convenient  point  from  the  side- 
walk for  attaching  hose  from  a  hydrant  or  steamer, 
and  a  discharge  gate  and  iron  balcony  at  each  floor 
and  a  discharge  gate  on  the  roof  for  the  use  of  the  fire 
department ;  the  number  and  size  of  these  pipes  to 
be  approved  by  said  inspector.  Said  pipes  may  be 
placed  on  buildings  in  connection  with  the  balcony 


FIRE  DISTRICT— CONSTRUCTION  OF  BUILDINGS  THEREIN.  ifji 

fire  escape  ordered  by  the  state  inspector  when  such 
balconies  are   built  directly  above  each  other. 

Sect.  12.    All  elevators  shall  be  carried  above  the  Elevators  to  be 

J.1  i-iii  I'l  1  ij.j    carried  above  roof , 

roof  and  covered  with  glass,  which  may  be  protected  enclosures  to  be  of 

with  wire  netting.     All  scuttles  and  all  bulkheads  used 

for  the  enclosure  of  elevators  and  the  coverings  for  the 

machinery  of  the  same  shall  be  covered  with  metal  on 

all  sides,  including  sides  and  edges  and  doors  of  the 

same.    The  inner  surfaces  of  all  light  and  elevator 

shafts  unless  they  are  built  of  fireproof  material  must 

be  lined  with  metal,  and  if  constructed  with  wooden 

studs  the  spaces  between  the  studs  must  be  completely 

filled  with  some  fireproof  material.     Electric  currents  outside  electric 

entering  buildings  must  have  cutout  switches  on  the 

outside  that  are  positive  in  their  work  and  easy  of 

access.     All  gas  service  pipes  entering  buildings  must  outside  gas  valves. 

have  a  valve  on  the  outside  of  the  buildings  located  at 

a  convenient  point,  easy  of  access  and  to  be  kept  in 

perfect  order  by  the  gas  company. 

Sect.  13.     Except  by  permission  of  the  board  of  no  wooden  buim- 
aldermen  no  wooden  building  or  part  thereof  within  umite  to'be  raised, 
the  said  fire  limits  shall  be  raised  unless  to  conform  to 
a  change  of  grade  of  the  street  on  which  said  building 
may  stand ;  and  without  like  permission  no  wooden 
building  within  said  limits  shall  be  enlarged  or  recon-  reconstructed, 
structed  outwardly  unless  the  enlargement  or  recon- 
struction is  made  in  accordance  with  the  provisions  of 
this  ordinance.     Nor  shall  any   wooden  building  be  or  moved,  except, 
moved  from  without  said  fire  limits  into  the  same,  nor 
from  one  place  to  another  within  said  limits,  except  as 
may  be  necessary  to  move  the  same  across  or  out  of  the 
fire  limits  aforesaid,  or  to  conform  to  any  change  in 
the  width,  or  to  any  other  alteration  of  the  street  on 
which  said  building  may  stand,  except  by  like  permis- 
sion of  said  board. 

Sect.   14.    Any  wooden  building  within  said  fire  wooden  buildings 
limits  that  shall  be  damaged  by  fire  or  other  casualty  ma^bl^rebuutlf 
may  be  rebuilt  or  repaired  if  it  shall  be  determined  by  ^nsV^^"*  ^^ 
the  board  of  aldermen  that  the  building  damaged  as 
aforesaid  is  worth  sixty  per  cent,  of  what  it  would  cost 
to  build  a  new  building  of  like  character  ;  but  if  they 
shall  determine  that  the  building  so  damaged  is  worth 
less  than  sixty  per  cent,  of  such  cost  then  said  board  board  of  aldermen 

^  to  determine 

may,  after  due  notice  m  writing  to  the  owner  of  said  value,  and  may 

v-iT  t  •  t         •        t  !•  1  r  adjudge  buildmg 

building  or  his  authorized  agent  having  charge  of  the  »  nuisance  if  less 

J        ,  .  ,,  j-j  -ji-ij-         X       than  60%  remains. 

same,  and  a  hearing  thereon,  adjudge  said  buildmg  to 


162  REVISED   ORDINANCES. 

be  a  nuisance,  or  dangerous  to  the  neighborhood,  and 

all  subsequent  proceedings  in  relation  to  the  same  must 

be  in  conformity  to  the  laws  and  ordinances  relating 

to  burnt  and  dilapidated  buildings. 

Inspector  of  build-      Sect.  15.    It  shall  be  the  duty  of  said  inspector  of 

notice^,  etS*;^*^  buildiugs  to  examine  and  inspect  all  buildings  erected 

or  in  process  of  erection  within  said  fire  limits,  and  give 

immediate  written  notice  to  the  owner  of  any  violation 

of  the  requirements  of  this  ordinance,  and  the  owner 

If  notice  to  owner  shall  at  once  rectify  said  violation.     If  this  notice  is 

is  disregarded,         ,.  i     i  •  i   •  j.  j.     x  •  'xi. 

notice  to  be  given  disregarded,  said  inspector  must  at  once  give  written 
to  mayor.  notice  of  such  violation  to  the  mayor,  who  shall  take 

such  measures  as  may  be  necessary  to  enforce  the  pro- 
visions herein  contained  and  protect  the  interests  of 
the  city, 
stores,  etc.,  more        Sect.  16.     All  storcs,  storehouses,  workshops  and 
S  ha^  flrep?oof '  manufactories  that  are  now  or  may  hereafter  be  built 
s^ttere"      °^     i^  said  fire  limits,  which  are  more  than  forty-five  feet 
in  height,  shall  have  fireproof  doors,  blinds  or  shutters, 
which  shall  be  hung  independent  of  the  woodwork  on 
every  window  and  entrance  above  the  first  story,  where 
the  same  do  not  open  on  a  street  or  unoccupied  space 
of  twenty-five  feet  or  more  in  width  ;  and  every  such 
door,  blind  or  shutter  shall  be  closed  upon  the  comple- 
tion of  the  business  of  each  day,  by  the  occupant  hav- 
ing the  use  or  control  of  the  same. 
Inspector  of  build-       Sect.  17.     The  mayor  and  aldermen  shall  annually 
nated!*°*  ****  ^     during  the  month  of  January  designate  an  officer  to  be 
nominated  by  the  mayor  to  be  inspector  of  buildings, 
as  provided  for  in  section  four  of  chapter  one  hundred 
Tenure  of  office,    and  four  of  the  Revised  Laws.     Said  inspector  shall 
hold  his  office  until  his  successor  is  designated,  unless 
sooner  removed  therefrom,  in  which  case  a  new  in- 
chief  and  deputy  spector  shall  at  ouce  be  designated.     The  city  engineer 

chief  engineers  of     '^  ,  .     /.  i     i  ,   .     ,.  •  i.      i         r. 

Are  department  to  and  the  chicf  and  dcputy  chief  engineer  of  the  fire 

department  shall  be  ineligible  to  said  office. 
Openings  in  party       Sect.  18.     Whenever  it  becomes  desirable  to  cut  a 
doorway  through  any  party  wall  separating  two  build- 
ings, permission  therefor  shall  first  be  obtained  of  said 
Fire  and  smoke     iuspcctor.     The  iuspcctor  may  require  such  fire  and 
'*^^''  smoke  stops  as  he  may  deem  necessary  to  prevent  the 

Thickness  and       Spread  of  fire  in  the  building.     The  thickness  of  every 
how  mcMur^ed.'     wall  as  herein  determined  shall  be  the  minimum  thick- 
ness as  applied  to  solid  walls.    The  height  of  every 
external  or  party  wall  as  referred  to  in  this  ordinance 
shall  be  measured  from  the  level  of  the  street  curb  to 


FIRE  DISTRICT— CONSTRUCTION  OF  BUILDINGS  THEREIN. 


163 


its  highest  point.  External  walls  may  be  built  in  part 
of  iron  or  steel,  and  when  so  built  may  be  of  less  thick- 
ness than  is  required  for  brick,  provided  such  walls 
meet  the  requirements  of  this  ordinance  as  to  strength, 
and  provided  that  all  constructional  parts  are  wholly 
protected  from  heat  by  brick  or  terra  cotta,  or  by 
plastering  three-fourths  of  an  inch  thick  with  iron  fur- 
ring and  wire  lathing.  Wood  lintels  shall  not  be  used 
for  the  support  of  brick  walls  over  openings  more  than 
four  feet  wide.  Walls  composed  of  stone  facing  with 
brick  backing,  must  have  bonds  of  stone  or  iron,  not 
more  than  two  feet  apart  each  way,  satisfactory  to  said 
inspector.  Water  tanks  for  fire  purposes,  which  will 
contain  five  hundred  gallons  or  more,  erected  upon  the 
highest  part  of  a  building,  shall  be  placed  on  brick 
walls  and  approved  by  the  inspector  of  buildings  before 
being  filled  with  water. 

Sect.  19.  Whoever  violates  any  of  the  provisions 
of  this  ordinance  shall  forfeit  and  pay  for  each  offense 
not  exceeding  one  hundred  dollars. 


Provisions  as  to 
walls  built  in  part 
of  iron  or  steel. 


Wood  lintels. 


Bonding  of  walls 
built  of  both  brick 
and  stone. 


Water  tanks  to  be 
on  brick  walls  and 
approved  by  in- 
spector. 


Penalty. 


164 


REVISED    ORDINANCES. 


CHAPTER  31. 

DILAPIDATED   OR  DANGEROUS   BUILDINGS. 


Section. 


1.  Revised    Laws,    chapter    101, 

sections  1-5,  accepted. 

Laws  §  1.  Burnt,  dilapidated  or 
dangerous  buildings,  how 
disposed  of. 

Laws  §  2.  Owner  aggrieved  may 
apply  for  jury. 

Laws  §  3.     Verdict  of  jury,  etc. 

Laws  §  4.     Costs. 

Laws  §  6.  Nuisance  may  be  abat- 
ed, etc. 

2.  Revised    Laws,     chapter    104, 

sections  4-12,  accepted. 


Section. 

Laws  §  4.     Inspection  of  buildings. 

Laws  §  5.    Dangerous  structures  to 

be  secured  or  removed. 
Laws  §  6.    Survey  of  premises. 
Laws  §  7.    Unsafe  structures  to  be 

taken  down. 
Laws  §  8.    Appeal  from  order. 
Laws  §  9.    Notice  to  non-residents. 
Laws  §10.    Restraint     of      illegal 

construction,  etc. 
Laws  §  11.     Schoolhouses  in  cities 

to  have  fire  escapes. 
Laws  §  12.    Inspection    of    unsafe 

structures. 


R.  L.,  ch.  101, 


Section  1.    The  first,  second,  third,  fourth  and  fifth 
fectslf-s,' accepted,  sections  of  Chapter  101  of  the  Revised  Laws  are  hereby- 
accepted  and  adopted  as  follows,  to  wit : — 

"Sect.  1.  In  a  city  or  town  in  which  the  city- 
dated,' or  danger-  council  or  the  inhabitants  accept  the  provisions  of  this 
d?spo"ed  o^*'  ^°^  atid  the  four  following  sections  or  have  accepted  the 
corresponding  provisions  of  earlier  laws,  the  mayor 
and  aldermen  or  selectmen,  after  notice  in  writing  to 
the  owner  of  a  burnt,  dilapidated  or  dangerous  build- 
ing, and  a  hearing,  may  adjudge  it  to  be  a  nuisance  to 
the  neighborhood,  or  dangerous,  and  may  thereupon 
make  and  record  an  order  prescribing  the  disposition, 
alteration  or  regulation  thereof.  The  city  or  town 
clerk  shall  deliver  a  copy  of  the  order  to  a  constable, 
who  shall  forthwith  serve  an  attested  copy  thereof 
upon  such  owner,  and  make  return  of  his  doings  there- 
on to  said  clerk. 

"  Sect.  2.  An  owner  who  is  aggrieved  by  such 
order  may,  within  three  days  after  the  service  thereof 
upon  him,  apply  to  the  superior  court  for  a  jury.  The 
court  shall  issue  a  warrant  for  a  jury,  which  shall  be 
impaneled  by  the  sheriff  within  fourteen  days  after 
the  date  of  the  warrant  in  the  manner  provided  in 
chapter  forty-eight ;  or,  instead  thereof,  if  the  appli- 
cant for  a  jury  so  elects  and  after  such  notice  as  the 
court  shall  order  to  the  adverse  party,  it  shall  order  a 


Owner  aggrieved 
may  apply  for 
jury. 


DILAPIDATED  OR  DANGEROUS  BUILDINGS.  166 

trial  to  be  had  at  the  bar  of  the  superior  court,  in  the 
same  manner  as  other  civil  causes  are  there  tried  by 
jury. 

"  Sect.  3.  The  jury  may  affirm,  annul  or  alter  such^  verdict  of  jury, 
order ;  and  the  sheriff,  if  the  trial  is  before  him,  shall 
return  the  verdict  to  the  next  sitting  of  the  court  for 
acceptance  ;  and  the  verdict,  whether  before  the  sheriff 
or  in  the  superior  court,  being  accepted,  shall  take 
effect  as  an  original  order. 

"Sect.  4.    If  the  order  is  affirmed,  the  applicant  costs, 
shall  pay  the  costs ;  if  it*  is  annulled,  he  shall  recover 
damages  and  costs  against  the  city  or  town  ;  and  if  it 
is  altered,  the  court  may  render  such  judgment  as  to 
costs  as  justice  shall  require. 

**  Sect.  5.    The  mayor  and  aldermen  of  a  city  or  Nuisance  may  be 
selectmen  of  a  town  shall  have  the  same  power  and  ^^^^^^<^^- 
authority  to  abate  and  remove  any  such  nuisance  as 
is  given  to  the  board  of  health  of  a  city  or  town  by  the 
provisions  of  sections  sixty-seven,  sixty-eight  and  sixty- 
nine  of  chapter  seventy-five." 

Sect.  2.     The  fourth,  fifth,  sixth,  seventh,  eighth,  r.  l.,  ch.  104, 
ninth,  tenth,  eleventh,  and  twelfth  sections  of  Chapter  Accepted!' 
104  of  the  Revised  Laws  are  hereby  accepted  and 
adopted  as  follows,  to  wit  : — 

"  Sect.  4.  In  a  city  or  town  which  accepts  the  pro-  inspection  of 
visions  of  this  and  the  eight  following  sections  or  has  "^'^  ^°^^' 
accepted  the  corresponding  provisions  of  earlier  laws, 
the  superintendent  of  public  buildings  or  such  other 
oflBcer  as  the  mayor  and  aldermen  of  said  city  or  the  se- 
lectmen of  said  town  may  designate  shall  be  inspector 
of  buildings,  and,  immediately  upon  being  informed 
by  report  or  otherwise  that  a  building  or  other  struc- 
ture or  anything  attached  to  or  connected  there- 
with in  said  city  or  town  is  unsafe  or  dangerous  to  life 
or  limb,  shall  inspect  the  same  ;  and  if  it  appears  to 
him  to  be  dangerous,  he  shall  forthwith  in  writing 
notify  the  owner,  agent  or  any  person  having  an  inter- 
est therein  to  remove  it  or  make  it  safe  and  secure.  If 
it  appears  that  such  structure  would  be  specially  un- 
safe in  case  of  fire,  it  shall  be  deemed  dangerous  within 
the  meaning  hereof,  and  the  inspector  may  affix  in  a 
conspicuous  place  upon  its  exterior  walls  a  notice  of 
its  dangerous  condition,  which  shall  not  be  removed  or 
defaced  without  authority  from  him. 

"Sect.  5.    Whoever  is  so  notified  shall  be  allowed  Dangerous 
until  twelve  o'clock  noon  of  the  day  following  the  serv-  ^'^""'"'•^^  ^  *>« 


166 


REVISED    ORDINANCES. 


secured  or  re- 
moved. 


Survey  of 
premises. 


Unsafe  structures 
to  be  taken 
down. 


Appeal  from 
order. 


ice  of  the  notice  in  which  to  commence  tlie  securing 
or  removal  of  such  structure,  and  he  shall  employ  suf- 
ficient labor  speedily  to  secure  or  remove  it ;  but  if  the 
public  safety  so  requires  and  if  the  mayor  and  alder- 
men or  selectmen  so  order,  the  inspector  may  imme- 
diately enter  upon  the  premises  with  the  necessary 
workmen  and  assistants  and  cause  such  unsafe  struc- 
ture to  be  shored  up,  taken  down  or  otherwise  secured 
without  delay,  and  a  proper  fence  or  boarding  put  up 
for  the  protection  of  passers-by. 

"  Sect.  0.  If  such  owner,  agent  or  person  interested 
in  such  unsafe  structure  refuses  or  neglects  to  comply 
with  the  requirements  of  such  notice  within  the  time 
limited,  and  such  structure  is  not  secured  or  taken 
down  as  therein  ordered,  a  careful  survey  of  the  prem- 
ises shall  be  made  by  a  board  consisting  in  a  city,  of 
the  city  engineer,  the  chief  engineer  of  the  fire  depart- 
ment and  one  disinterested  person  to  be  appointed  by 
said  inspector,  and  in  a  town,  of  a  surveyor,  the  chief 
engineer  of  the  fire  department  and  one  disinterested 
person  to  be  appointed  by  said  inspector.  If  there  is 
no  city  engineer  in  such  city  or  no  chief  engineer  of  the 
fire  department  in  such  city  or  town,  the  mayor  and 
aldermen  or  selectmen,  as  the  case  may  be,  shall  desig- 
nate one  or  more  officers  or  other  suitable  persons  in 
place  of  the  officers  so  named  as  members  of  said 
board.  A  report  of  such  survey  shall  be  made  in  writ- 
ing and  a  copy  thereof  served  on  such  owner,  agent  or 
any  interested  person. 

"  Sect.  7.  If  such  report  declares  such  structure  to 
be  unsafe  and  dangerous,  and  if  the  owner,  agent  or 
person  interested  continues  such  refusal  or  neglect,  the 
inspector  shall  cause  it  to  be  taken  down  or  otherwise 
made  safe  ;  and  the  costs  and  charges  incurred  shall 
constitute  a  lien  upon  the  land  upon  which  the  build- 
ing is  situated,  and  shall  be  enforced  within  the  time 
and  in  the  manner  provided  for  the  collection  of  taxes 
on  land ;  and  such  owner  or  interested  person  shall, 
for  every  day's  continuance  of  such  refusal  or  neglect 
after  being  so  notified,  forfeit  to  the  city  or  town  in 
which  the  structure  is  situated  not  less  than  ten  nor 
more  than  fifty  dollars. 

"Sect.  8.  An  owner  or  interested  person  who  is 
aggrieved  by  such  order  may  have  the  remedy  pre- 
scribed by  sections  two,  three  and  four  of  chapter  one 
hundred  and  one ;  but  the  provisions  of  this  section 


DILAPIDATED  OR  DANGEROtJS  BUILDINGS.  167 

shall  not  prevent  the  city  or  town  from  recovering  the 
forfeiture  provided  in  the  preceding  section  from  the 
date  of  the  service  of  the  original  hotice,  unless  the 
order  is  annulled  by  the  jury. 

'•Sect.  l).     If  an  owner  or  interested  person  lives  Notice  to  non- 
out  of  the  Commonwealth,  said  notices  may  be  served 
upon  him  by  a  notary  public,  whose  certificate  of  serv- 
ice under  his  notarial  seal  shall  be  sufficient  evidence 
thereof. 

"  Sect.  10.  The  supreme  judicial  court  or  the  su-  Restraint  of  uiegai 
perior  court  shall  have  jurisdiction  in  equity  to  restrain  construction,  etc. 
the  construction,  alteration,  maintenance  or  use  of  a 
building  or  structure  in  violation  of  the  provisions  of 
any  ordinance  or  by-law  of  a  city  or  town  and  to  order 
its  removal  or  abatement  as  a  nuisance ;  and  to  re- 
strain the  further  construction,  alteration  or  repair  of  a 
building  or  structure  reported  to  be  unsafe  or  danger- 
ous under  a  survey  authorized  by  section  six,  until  the 
determination  of  the  matter,  as  provided  in  section 
eight. 

"Sect.  11.     If  a  schoolhouse  in  a  city  has  not  been  schooihouses in 

.  ,     ,        .   ,  «  1  . ,  cities  to  have 

provided  with  a  safe  and  proper  egress  or  other  means  fire  escapes. 
of  escape  from  fire,  as  required  by  this  chapter,  within 
six  months  after  the  written  notice  provided  for  in 
section  eighteen,  the  mayor,  for  the  purpose  of  con- 
forming to  the  provisions  of  this  chapter  relative  to 
egresses  or  other  means  of  escape  from  fire  in  school- 
houses,  may,  upon  petition  of  one  hundred  citizens  * 
or  taxpayers  in  said  city,  authorize  the  expenditure 
upon  such  schoolhouse  of  not  more  than  fifteen  per 
cent,  of  the  cost  thereof,  payable  from  any  money  in 
the  treasury  of  said  city  which  is  not  otherwise  appro- 
priated. 

"Sect.  12.  Any  member  of  the  inspection  depart-  inspection  of 
ment  of  the  district  police,  if  called  upon  by  the  mayor  '^°**'®  structures. 
and  aldermen  of  any  city,  except  Boston,  or  by  the  se- 
lectmen of  a  town,  shall  inspect  any  building  or  other 
structure  or  anything  attached  to  or  connected  there- 
with in  such  city  or  town  which  has  been  represented 
to  be  unsafe  or  dangerous  to  life  or  limb." 


168 


REVISED   ORDINANCES. 


CHAPTER  32. 

WATER  DEPARTMENT, 


Section. 

1.  Officers  of  water  department, 

of  whom  to  consist.  How 
and  when  elected  ;  tenure  of 
office.  Vacancies,  how  filled. 
Salaries. 

2.  Water  registrar,  his  duties. 

3.  Superintendentof  waterworks, 

his  duty. 

4.  Collector  of  taxes  to  receipt  for 

bills  committed  to  him ;  to 
collect;  to  account;  to  pay  to 
city  treasurer  and  to  re- 
port.   Collector's  bond. 

6.  Bills  abated  or  changed,  pro- 
cedure. Water  department 
to  collect  no  bills. 

6.  Rules  as  to  use  of  water,  etc. 
Penalties  forviolationof  rules. 


Section. 

7.  Extensions  of  water  service  on 

city  property  not  to  be  made 
without  application  to  water 
registrar. 

8.  Work     on     street     watering 

fixtures  to  be  done  by 
department,^on  orders  from 
supervisors,  and  at  expense 
of  street  watering  depart- 
ment. 

9.  Payment  for  water  used    by 

contractors  on  city  contracts. 

10.  Lessees,  etc.,  of  city  property 

to  pay  regular  rates. 

1 1 .  City  not  to  pay  for  water  used, 

but  department  to  be  cred- 
ited therewith. 


Officers  of  water 
department,  of 
whom  to  consist. 


How  and  wben 


Section  1.     The  officers  of  the  water  department  of 
this  city,  under  the  direction  of  the  board  of  water 
commissioners,  shall  consist  of  a  water  registrar  and  a 
superintendent  of  water  works,   who  shall  both  be 
office.  '  elected  by  viva  voce  vote  by  said  board,  in  the  month 

of  February  annually,  to  hold  their  offices  one  year, 
from  the  following  first  Monday  in  April  and  until 
their  successors  are  elected,  unless  sooner  removed. 
Said  board  shall  fill  by  election  in  manner  aforesaid 
any  vacancy  in  either  office  for  the  unexpired  term 
only.  Either  officer  may  be  removed  by  said  board  at 
any  time  for  cause.  The  salaries  of  both  officers  shall 
be  fixed  by  said  board. 

Sect.  2.  The  water  registrar  shall  be  the  account- 
ant officer  of  the  department,  and  shall  keep  such 
accounts,  make  such  inspections  and  reports,  and  per- 
form such  other  services  as  said  board  may  prescribe. 
He  shall  also  make  out  and,  on  the  first  of  every 
month,  commit  to  the  collector  of  taxes  for  collec- 
tion, bills  for  all  money  that  shall  have  become  due 
the  city  on  account  of  the  water  department,  with  a 
list  thereof  arranged  in  convenient  form  for  reference. 


Vacancies,  how 
flUed. 


Salaries. 


Water  registrar, 
his  duties. 


WATER  DEPARTMENT.  169^ 

and  receive  the  collector's  receipt  for  the  amount  stated 
therein.  He  shall  also  retain  in  his  office  an  exact 
duplicate  of  each  list  placed  in  the  collector's  hands. 

Sect.  3.  It  shall  be  the  duty  of  the  superintendent  superintendent 
of  water  works,  under  the  direction  of  said  board,  to  his  duty. 
have  charge  and  care  of  all  property,  new  construc- 
tion, extension,  repairs  and  management  of  the  works 
of  said  department,  and  to  make  such  reports  and 
perform  such  further  services  as  said  board  may  pre- 
scribe. 

Sect.  4.     The  collector  of  taxes  shall  receive  and  re-  collector  of  uxes 
ceipt  for  all  bills  and  lists  committed  to  him  by  the  committed  to  him; 
water  registrar,  as  herein  provided,  and  proceed  to  col-  to  collect; 
lect  the   same  as   speedily  as  possible,   giving  such 
notices  and  making  such  demands  as  may  be  prescribed 
by  said  board  ;  and  he  shall  account  to  the  water  com-  to  account; 
missioners  for  the  amounts  stated  in  said  lists,  either 
in  money  or  certificates  of  abatements  ;  on  the  first  of 
every  week  he  shall  pay  over  to  the  city  treasurer  all  to  pay  to  city 
money  collected  by  him  on  account  of  said  department 
and  notify  the  water  registrar  of  such  payment,  he 
shall  transmit  monthly  to  said  board  a  list  of  the  un-  and  to  report. 
paid  bills  in  his  hands,  which  were  committed  to  him 
on  the  first  of  the  month  next  preceding,  with  memo- 
randa thereon,  stating  the  reasons  for  their  non-pay- 
ment, so  far  as  may  be  known  to  him.     At  the  close  of 
each  fiscal  year  he  shall  promptly  transmit  to  said 
board  a  complete  and  detailed  list,  or  report,  of  all 
unpaid  bills  in  his  hands  at  that  date,  with  a  statement 
of  the  amount  of  the  same.     He  shall  also  give  such  a  couector's  bond, 
bond  for  the  faithful  performance  of  his  duties  herein 
prescribed  as  the  mayor  and  aldermen  shall  approve. 

Sect.  5.     Whenever  any  bill  that  has  been  com-  Bins  abated  or 
mitted  to  the  collector  as  herein  provided  is  abated  or  cedufe.  '^'^ 
changed,  a  memorandum  of  such  abatement  or  change 
shall  be  sent  to  him  by  the  water  registrar,  as  a  tem- 
porary voucher  for  the  amount  of  the  same  :  and  at 
the  close  of  each  fiscal  year  a  certificate  for  the  total 
amount  as  shown  in  detail  on  the  books  of  the  depart- 
ment, of  such  abatements  or  changes  made  during  the 
year  on  the  monthly  lists  committed,  shall  be  signed 
by  the  chairman  of  said  board,  or  in  his  absence,  by 
some  other  member  thereof,  and  shall  be  sent  to  the 
collector  and  become  his  permanent  voucher  for  the 
amounts  therein  stated.     Said  board  shall  not  them-  water  department 
selves,  or  by  any  officer  or  person  connected  with  or  in  ***  *='^"«*='  "*'  **'"* 


170  REVISED   ORDINANCES. 

the  employ  of  their  department,  collect  any  bill  or 
money  due  the  city  on  account  of  said  department. 

Rales  as  to  use  of  Sect.  G.  Said  board  may  prescribe  rules  and  regula- 
'  tions  not  conflicting  with  any  ordinance  of  the  city,  for 

the  introduction  and  use  of  city  water  and  payment 
therefor,  and  for  the  inspection,  material,  construc- 
tion, alteration,  or  use  of  all  water  pipes  and  of  water 
fixtures  of  every  kind  through  which  water  supplied 
by  the  city  is  used  by  any  person  or  corporation,  printed 
copies  of  which  rules  and  regulations  shall  be  furnished 

^outicmof^ruies  ^^^  pcrsons  taking  water  of  the  city.  Any  person 
violating  any  of  such  rules  and  regulations  shall  be 
subject  to  a  fine  not  exceeding  twenty  dollars,  to  be 
recovered  in  the  police  court  of  this  city.  Said  board 
may  prohibit  the  use  of  water  by  any  person  or  cor- 
poration neglecting  or  refusing  to  comply  with  such 
rules  and  regulations. 

Extensions  of  Sect.  7.     No  oxtonsion  of  or  addition  to  the  present 

wfttcr  scrvico  on 

city  property  not  wator  pipes,  fixturcs  or  appurtenances,  or  the  use  of 

to  be  made  with-  ,  .1  i^i  •  i-it 

out  application  to  Water  through  the  same,  in  any  building  or  on  any 
registrar.     p|.Qpgj.^y  belonging    to  the  city  or  any  department 
thereof,  shall  be  made  except  upon  prior  application 
for  the  same  to  the  water  registrar,  by  the  department, 
committee  or  commission  of  the  city  having  charge  of 
such  property. 
Storing Sres        ^^^'^-  ^-     ^^^  *^®  installing,  changing,  relocating, 
*artmen°^on***'    discontinuing,   repairing  and  maintaining  of  stand- 
vuore  ^'^""^"^^''P^P®®' ^^  other  street  watering  fixtures  and  appurte- 
nances, including  the  turning  off  and  on  of  the  water 
as  ordered,  shall  be  performed  by  the  water  depart- 
ment upon  orders  from  the   board  of  supervisors  or 
and  at  expense  of  their  authorized  agents;  and  the  expense  thereof  shall 
department.         be  bome  by  the  street  watering  department. 
Payment  for  water       Sect.  9.     All  city  watcr  used  by  private  contractors 
ors  on  city'con-     uudor  city  coutracts  shall  be  charged  for,   and   the 
regular  schedule  rates  for  the  same,  collected  in  the 
name  of  the  city  department,  committee  or  commis- 
sion making  such  contract,  and  payment  therefor  by 
said  contractor,  shall  be  provided  for  in  the  specifica- 
tions of  each  such  contract. 

Lessees,  etc.,  of  SECT.    10.      Whenever  any  portion   of  the  city  prop- 

pay  regular  rates,  erty,  with  the  exception  of  the  city  hall  or  school  halls, 
is  leased  or  sub-let  to  private  parties,  and  any  rental  or 
its  equivalent  is  charged  or  received  for  the  same,  then 
and  in  such  case  the  water  department  shall  be  entitled 
to  its  just  revenues  for  the  use  of  the  city  water  by 


WATER  DEPARTMENT.  171 

such  private  parties,  and  shall  charge  the  regular 
schedule  rates  therefor  and  the  same  shall  be  collected 
in  the  name  of  the  city  department,  committee  or 
commission  having  charge  of  such  city  property. 

Sect.  11.     Except  as  provided  in  the  above  two  sec-  city  not  to  pay  for 

^  water  used, 

tions,  no  charge  shall  be  collected  by  or  for  the  water 
department  for  water  furnished  the  city  in  its  corpo- 
rate capacity,  or  to  any  department  thereof,  which 
miay  be  used  for  municipal  purposes,  but  said  board 
may  in  its  annual  report,  and  on  the  books  of  the 
department,   credit    annually  the  water  department  b«t  department  to 

.  ,        ,  ,  -      ,  -  •   1       1     ji  .J        /.         be  credited  there- 

with the  value   of  the  water  furnished  the   city  for  with. 

municipal  purposes,  to  be  estimated  as  follows  : 

For  fire  protection,  at  twenty-five  dollars  for  each 
and  every  public  fire  hydrant: 

For  street  watering,  at  an  average  of  one  and  one 
half  cents  for  each  and  every  linear  foot  of  surface 
watered  during  the  season : 

For  flushing  sewers  and  drains,  at  ten  dollars  for 
each  and  every  flush  gate  or  other  fixture  used  for  such 
purpose: 

For  public  watering  tanks  for  animals,  at  fifty  dol- 
lars for  each  and  every  such  tank: 

For  public  drinking  fountains  for  persons,  at  twenty 
dollars  for  each  and  every  such  fountain: 

For  all  other  uses  of  city  water  for  municipal  pur- 
poses, at  the  regular  schedule  rates  for  private  takers. 


172 


REVISED   ORDINANCES. 


CHAPTER  33. 

POLICE    COMMISSION    AND    DUTIES    OF    THE    POLICE  DE- 
PARTMENT. 


Police  cominis- 
Bion, 


appointment 


Section. 

1.  Police     commission,    appoint- 

ment and  (lualitications.  Ten- 
ure of  office.  Compensation 
and  removal. 

2.  Vacancies,  how  filled. 

3.  Vice-chairman  and  clerk.  Com- 

pensation of  clerk. 

4.  Powers  and    duties   of   police 

commission. 

5.  Police  commission,  meetings, es- 

timates and  account.  Not  to 
exceed  credit  of  department. 

6.  Approval  of  bills. 

7.  Police  department,  of  whom  to 

consist. 

8.  Police     commission    to     elect 

other  members  of  depart- 
ment. Marshal  and  assist- 
ant marshal  to  act  as  con- 
stables. 

9.  Sergeants,  how  chosen.     Va- 

cancies, how  filled. 

10.  Lieutenant,    how   chosen    and 

removed. 

11.  Inspectors,    how    chosen    and 

removed. 

12.  Certain  officers    to  be  sworn. 

Marshal  and  assistant  mar- 
shal to  give  bond. 

13.  City  marshal,  powers  and  du- 

ties. To  report  breaches  of 
discipline.  Offenders  may  be 
punished,   when.       Marshal 


Section. 

may  suspend  police  officers. 
Proviso.  "  For  caiise  "  de- 
fined. 

14.  City  marshal  to  be  provided 
with  money  for  emergency 
expenses.  Emergency  bills 
to  be  approved.  Money  to 
be  returned  by  marshal. 

16.  City  marshal,  other  duties  of; 
nuisances,  etc.  ;  offenses 
against  laws,  etc.  ;  com- 
plaints ;  prosecutions ;  com- 
mands of  mayor,  etc. 

16.  City  mar»hal,  watchmen,  du- 

ties of  in  case  of  fire. 

17.  Assistant  marshal,  powers  and 

duties  of. 

18.  City  mar-shal  and  other  officers 

to  account  for  and  pay  over 
fees,  etc. ,  to  treasurer. 

19.  Pulice  signal  telegraph  to  be 

in  charge  of  superintendent 
of  fire  alarm.  Expense  to  be 
cJiarged  to  police  commi.s- 
8  ion. 

20.  Revised    Laws,    chapter  108, 

sections  2G-28,  accepted,  re- 
serve police  force  establialied. 

Laws  §  26.     Keserve  police  force. 

I^aws  §  27.    Number  of  members. 

Laws  §  28.  Powers,  duties,  com- 
pensation. 


Section  1.  The  police  commission  shall  consist  of 
the  mayor,  acting  ex  officio,  and  three  other  persons 
chosen  as  hereinafter  provided.  The  present  members 
of  the  police  commission  shall  hold  their  oflBces  during- 
the  terms  for  which  they  have  been  respectively  ap- 
pointed. Annually  hereafter,  in  the  month  of  April, 
the  mayor  shall  appoint,  subject  to  confirmation  by 
the  board  of  aldermen,  a  citizen  and  resident  of  the 
city  to  be  a  member  of  said  commission  for  the  term 
of  three  years  from  the  succeeding  first  Monday  of 
May  and  until  his  successor  is  chosen.  The  mayor  shall 
act  as  chairman  of  said  commission,  but  shall  have  no 


POLICE  COMMISSION,  ETC.  I73 

power  to  vote.  In  all  appointments  of  members  of  ami  qualifications, 
said  commission  the  political  affiliation  of  the  ap- 
pointee shall  be  considered,  with  a  view  to  so  consti- 
tuting the  commission  that  not  more  than  two  of  its 
members  so  appointed  shall  be  of  the  same  political 
party.  No  person  shall  be  appointed  who  is  a  member 
of  the  city  council  or  holds  any  public  office  for  which 
he  receives  an  annual  salary.  No  person  shall  be  ap- 
pointed a  member  of  said  commission  who  has  not  been 
a  resident  of  the  city  of  Springfield  for  at  least  three 
years  immediately  preceding  such  appointment,  or  who 
is,  or  at  any  time  during  the  same  period  of  three  years 
has  been,  directly  or  indirectly  engaged  in  or  directly 
interested  in,  the  manufacture  or  sale  of  intoxicating 
liquor.  No  person  shall  serve  as  an  appointed  mem-  Tenure  of  oaice. 
ber  of  said  commission  more  than  two  consecutive 
terms  of  three  years  each.  If  any  appointed  member 
of  said  commission  shall  remove  from  the  city,  or  shall 
accept  any  salaried  public  office,  or  shall  become  di- 
rectly or  indirectly  engaged  in  or  directly  interested 
in,  the  sale  or  manufacture  of  intoxicating  liquor,  he 
shall  cease  thereby  to  be  a  member  of  said  commission. 

The  members  of  said  commission  shall  serve  with-  compensation  and 

rc  mo  vftl 

out  compensation,  and  may  be  removed  by  the  mayor 
after  due  hearing,  subject  to  approval  by  the  board  of 
aldermen. 

Sect.  2.  In  case  any  person  so  appointed  shall  die,  vacancies,  how 
resign,  or  become  disqualified  during  his  term  of  ^^^^' 
office,  the  remaining  members  of  said  commission, 
or  a  majority  thereof,  shall  forthwith  notify  the  mayor, 
in  writing,  of  the  vacancy  existing,  who  shall,  as  soon 
as  may  be,  appoint,  subject  to  confirmation  as  afore- 
said, a  member  of  said  commission  to  fill  such  vacancy 
for  the  residue  of  the  term. 

Sect.  3.     Said  commission  shall  choose  one  of  its  vice  chairman 
members  to  be  the  vice-chairman  of  the  commission,  *"**  ^'^'*'' 
who  shall  hold  such  position  for  such  a  term  as  the 
rules  of  said  commission  may  prescribe;  or,   if  such 
rules  do  not  prescribe  such  term  of  service,  he  shall 
hold  the  position  of  vice-chairman  during  the  official 
term  for  which  he  is  appointed,  and  said  commission 
may  appoint  a  clerk,  who  shall  not  be  a  member  of 
such  commission,  and  prescribe  the  duties  and  term  of 
service  and  may  remove  such  clerk  at  pleasure.    Such  compensation  of 
compensation  may  be  paid  such  clerk  for  the  services  ^'*'*'' 
performed  as  shall  be  fixed  by  the  city  council. 


174 


REVISED    ORDINANCES. 


Powers  and  daties 
of  police  com- 
mission. 


Police  commis- 
sion, meetings, 


estimates 


and  account. 


Not  to  exceed 
credit  of  depart- 
ment. 


Approval  of  bills. 


Sect.  4.  Said  commission  shall,  subject  to  the  pro- 
visions hereof,  have  the  management  and  control  of 
the  officers  and  members  of  the  police  department, 
with  power  to  make  such  lawful  rules  for  their  govern- 
ment and  discipline,  and  for  the  regulation  and  repair 
of  the  police  signal  system,  and  the  direction  and  con- 
trol of  the  parties  having  charge  and  care  thereof  as 
they  may  deem  proper  ;  it  shall  be  responsible  for  and 
have  the  charge  and  care  of  all  property  belonging  to 
said  department,  and  shall  see  that  the  same  is  main- 
tained in  proper  manner  by  a  wise  expenditure  of  so 
much  of  the  annual  appropriation  as  may  be  necessary, 
and  in  their  discretion  may  sell,  dispose  of,  or  obtain 
property  used  by  that  department ;  but  any  sale,  dispo- 
sition or  purchase  of  property  to  an  amount  exceeding 
five  hundred  dollars  at  any  one  time  or  for  any  one 
purpose  shall  not  be  made  without  the  authority  of 
the  city  council.  All  money  derived  from  the  sale  of 
such  property  shall  be  forthwith  paid  to  the  city  treas- 
urer and  credited  by  him  to  said  department.  The 
commission  shall  approve  all  bills  of  the  department, 
including  the  monthly  pay  roll,  which  shall  state  the 
number  of  days  each  member  of  the  department  has 
been  absent  from  duty  during  the  month  for  which 
each  pay  roll  is  made  up,  and  shall  have  the  power  to 
examine  into,  approve,  or  reject  the  allowance  of  com- 
pensation to  members  of  the  police  department  for 
absence  from  duty,  other  than  the  time  allowed  by  the 
ordinances  of  the  city. 

Sect.  5.  Said  commission  shall  meet  at  least  once 
a  month,  and  shall  annually,  in  the  month  of  Febru- 
ary, prepare  and  communicate  to  the  committee  on 
finance  of  the  city  government  an  estimate  of  the 
amount  of  money  necessary  to  be  raised  for  the  then 
current  fiscal  year  for  the  use  of  the  police  department, 
itemized  as  shall  be  desired  by  the  finance  committee. 
Said  commissioners  shall  keep  an  accurate  and  detailed 
account  of  all  expenditures,  and  annually,  in  the  month 
of  December,  shall  render  to  the  city  council  an  item- 
ized and  exact  account  of  the  same.  They  shall  not 
expend  any  amount  nor  incur  any  liabilities  or  obliga- 
tions that  shall  in  the  aggregate  exceed  the  amount 
standing  to  the  credit  of  the  department ;  -and  any 
obligation  contracted  shall  be  met  out  of  said  amount. 

Sect.  6.  Before  any  bill  contracted  under  authority 
hereof  shall  be  paid  by  the  city  treasurer,  the  items 


POLICE  CXJMMISSION,  ETC.  175 

thereof  shall  be  approved  by  the  written  signatures  of 
a  majority  of  said  commissioners,  by  the  written  signa- 
tures of  the  city  auditor  and  by  the  mayor  by  an  order 
for  its  payment  to  be  drawn  upon  the  treasurer. 

Sect.  7.   Thepolicedepartmentof  the  city  of  Spring-  poiice  depart- 

^,j,,,  •x^xi-  r  -J  1'  ••  ment,  of  whom  to 

field  shall  consist  of  the  aforesaid  police  commission,  consist, 
city  marshal,  an  assistant  marshal,  such  a  number  of 
night  and  day  watchmen,  as  the  city  council  shall  from 
time  to  time  determine,  one  of  whom  shall  be  the  captain 
of  the  watch,  and  as  many  police  oflBcers  as  such  com- 
mission may  deem  necessary,  and  a  reserve  police 
force  as  hereinafter  provided. 

Sect.  8.     Such  commission   shall  annually,  in  the  Ponce  commission 

.•,  -     T  11  •  to  elect  other 

month  of  January,  and  whenever  vacancies  occur,  members  of  de- 
elect  suitable  persons  to  fill  the  offices  of  city  marshal,  p*"™®°*- 
assistant  marshal  and  captain  of  the  watch,  and 
whenever  vacancies  occur  elect  within  the  limits  as  to 
number  specified  in  the  foregoing  section,  night  and 
day  watchmen,  all  of  whom  shall  be  also  police  officers, 
and  shall  continue  in  office  until  their  successors  are 
elected  and  qualified,  unless  sooner  removed.  Such 
commission  may  also  choose,  from  time  to  time  and 
for  terms  not  extending  beyond  the  end  of  the  then 
current  municipal  year,  such  police  officers  as  they 
may  deem  necessary,  and  a  reserve  police  force  as 
hereinafter  provided  :  the  city  marshal  and  assistant  Marshal  and 

,  •'  assistant  marshal 

marshal  shall  have  the  powers  and  be  subject  to  the  to  act  as  consta- 
dutifes  of  constables. 

Sect.  9.  The  city  marshal  may,  with  the  approval  fho?ln°**'  **°^ 
of  such  commission,  detail  and  appoint  not  more  than 
four  night  and  day  watchmen,  to  be  known  as  ser- 
geants of  police.  In  addition  to  their  duties  as  ser- 
geants, said  sergeants  may  be  detailed  to  act  as 
roundsmen.  The  night  and  day  watchmen  detailed 
as  such  sergeants  shall  hold  said  office  for  a  probation- 
ary period  of  six  months ;  at  the  end  of  that  period 
they  may  be  appointed  to  act  as  such  sergeants,  sub- 
ject to  removal  by  the  city  marshal  on  approval  of 
such  commission.  In  case  of  the  appointment  of  one 
of  said  sergeants  to  the  position  of  lieutenant  of  police 
as  hereinafter  provided,  the  vacancy  so  created  shall  vacancies,  how 
be  filled  in  the  same  manner  as  an  original  appoint- 
ment. 

Sect.  10.    The  city  marshal  may  also,  with  the  ap-  Lieutenant,  how 
proval  of  such  commission,  detail  and  appoint  one  of  moved.*" 
the  aforesaid  sergeants  to  the  position  of  lieutenant. 


176  REVISED   ORDINANCES. 

The  person  so  appointed  shall  hold  the  office  of 
lieutenant  for  a  probationary  period  of  six  months,  and 
at  the  end  of  that  period  he  may  be  appointed  lieuten- 
ant subject  to  removal  by  the  city  marshal  on  approval 
of  such  commission. 
iMpectora.  how  Sect.  11.     The  city  marshal  may  also,  with  the  ap- 

ctaosen  and  re-  i      /.  »  •      •  i  i 

moved.  proval  of  such  commission,  detail  not  more  than  two 

night  and  day  watchmen  to  do  special  duty  and 
detective  work  as  police  inspectors.  The  cit}'^  marshal 
may  remove  said  inspectoi's  from  said  office  at  any 
time,  subject  to  the  approval  of  such  commission. 

Certain  officers  to       Skct.  12.     Before  entering  upon  his  duty,  each  of 

be  sworn.  or-  j  ■> 

the  officers  named  in  the  preceding  sections  shall  be 
duly  sworn  to  the  faithful  performance  thereof,  and 
assistant'marshai  ^^®  ^'^^  marshal  and  the  assistant  marshal  shall  also, 
to  give  bond.        before  entering  upon  the  duties  of  their  respective  of- 
fices,  each  give   bond  for  the   faithful  performance 
thereof,  the  city  marshal  in  the  sum  of  two  thousand 
dollars,  and  the  assistant  marshal  in  the  sum  of  fifteen 
hundred  dollars,  with  sufficient  sureties  to  be  approved 
by  the  mayor  and  aldermen. 
City  marshal,  Sect.  13.     The  city  marshal  shall  have  precedence 

powers  and  duties.  .  *'  ^ 

over  the  assistant  marshal,  police  officers,  watchmen, 
and  reserve  police  officers,  whenever  engaged  in  the 
same  service,  and  they  shall  at  all  times,  when  on 
duty,  be  subject  to  his  command  and  control.  He 
shall,  from  time  to  time,  make  rules  and  regulations 
for  the  government,  disposition  and  management  of 
the  night  and  day  watchmen,  which  shall  be  in  force, 
provided  they  are  consistent  with  the  laws  of  the  Com- 
monwealth and  the  ordinances  of  the  city,  so  long  as 
they  shall  stand  approved  by  such  commission,  and 

To  report  breaches  not  Otherwise.  He  shall  report  forthwith  to  such 
commission  any  violation  of  duty  on  the  part  of  any 

Offenders  may  be  of  his  subordinates  in  the  department.     Such  commis- 

punished,  when.        .  -  j-i.         j         i  •  i  . 

sion  may  for  cause,  after  due  hearing  and  except  as 
provided  in  chapter  nineteen  of  the  Revised  Laws, 
punish  any  night  and  day  watchman,  reserve  or  police 
officer  for  insubordination,  breach  of  the  rules  of  the 
department,  or  neglect  of  duty,  by  fine,  reprimand, 
suspension  with  or  without  loss  of  pay,  or  discharge. 
City  marshal  may  and  said  marshal  may  suspend  from  office  for  cause 
officers,  proviao.  any  night  and  day  watchman,  reserve  or  police  officer, 
provided,  that  whenever  he  shall  so  suspend  any  such 
officer  he  shall  forthwith  report  the  fact  and  cause 
thereof  to  such  commission,  who  shall  forthwith  pro- 


POLICE  COMMISSION,  ETC.  177 

ceed  to  investigate  said  charge,  and  within  two  weeks 
shall  make  known  the  result  of  their  investigation,  and 
shall  continue  such  suspension,  reprimand,  discharge 
from,  or  reinstate  in  office,  with  or  without  pay  during 
such  suspension,  the  person  so  suspended. 

In  continuing  this  section,  the  words  "for  cause"  "Forcause" 

1  •       tr^    •  •  defined. 

may  be  construed  to  mean  "  meflnciency  or  "inca- 
pacity." 

Sect.  14.     The  city  treasurer  shall  pay  over  to  the  city  marshal  tabe 
city  marshal  annually,  as  soon  after  his  appointment  money  for 
and  qualification  as  said  marshal  shall  request,  the  ^n^s*"^^^*" 
sum  of  two  hundred  dollars,  the  same  to  be  paid  on  the 
written  request  of  said  marshal  and  the  written  order 
of  the  mayor,  and  charged  to  the  appropriation  for  the 
police  department  for  the  then  current  fiscal  year.  Said 
money  shall  be  kept  by  said  marshal  apart  from  his 
own  funds,  and  as  money  belonging  to  the  city,  and 
shall  be  used  by  him  only  for  the  payment  of  such 
traveling  and  other  necessary  expenses  as  any  emer- 
gency may  call  for,  and  which  must  be  met  at  once  and 
without  the    delay   incidental    to  the    approval  and 
payment  of  bills  as  provided  by  ordinance.    When-  Emergency  bins 
ever  any  bill  or  expense  shall  have  been  paid  out  of  ^     approve  . 
said  fund,  such  bill  or  expense  shall  be  approved  and 
paid  by  the  treasurer,  in  conformity  with  the  existing 
ordinances,  the  same  as  if  it  had   not  been   paid  as 
aforesaid  ;  and  the  amount  thereof  paid  by  said  treas- 
urer shall   be  paid   to  said  marshal,  and  placed  by 
him  to  the  credit  of  and  shall  become  a  part  of  said 
fund  to  make  good  the  deficiency  caused  by  said  use 
thereof.     Said    marshal    shall,   annually,   before   the  Money  to  be  re- 

,.  jy  t  '      J.  c      ai  ^j?  J  turned  by  marshal. 

expiration  ot  his  term  of  omce,  account  for  and  pay 
over  to  said  treasurer  said  sum  of  two  hundred  dol- 
lars, the  same  to  be  placed  to  the  credit  of  said  depart- 
ment. 

Sect.  15.    It  shall  be  the  duty  of  the  city  marshal,  city  marshal, 
from  time  to  time,  to  pass  through  all  the  streets,  lanes,  o**®' <*"*•«**»' J 
alleys  and  courts  in  the  city  to  observe  nuisances,  nuisances,  etc. ; 
obstructions  and  impediments,  to  the  end  that  the 
same  may  be  removed ;  to  notice  all  -offenses  against 
the  laws  and  ordinances  of  the  city,  taking  the  names  offenses  against 
of  offenders,  to  the  end  that  they  may  be  prosecuted  ;     ""*'  ^  ^' ' 
to  hear  all  complaints  for  any  breach  of  the  laws  of  complaints; 
the  state  or  of  the  ordinances  or  orders  of  the  city  ;  to 
cause  all  offenders  to  be  prosecuted  as  soon  as  may  prosecutions; 
be ;  to  obey  and  execute  all  commands  of  the  mayor  . 


178 


REVISED   ORDINANCES. 


commands  of 
mayor,  etc. 


City  marshal, 
watobmen,  etc.. 


duties  of  in  case 
of  tire. 


Assistant  marshal 
powers  and 
duties  of. 


City  marshal  and 
other  officers  to 
account  for  and 
pay  over  fees,  etc., 
to  treasurer. 


Police  signal  tele- 
graph to  DO  in 
charge  of  superin- 
tendent of  tire 
alarm. 


Expense  to.be 
charged  to  police 
commission. 


R.  L.,  ch.  10«, 
sects.  :26-28, 
accepted. 


Reserve  police 
force  established. 


and  aldermen  or  such  commission  in  relation  to  any 
matter  or  thing  concerning  the  city,  and  further,  to 
perform  all  such  other  and  additional  duties  as  may  at 
any  time  be  prescribed  to  him  by  the  mayor  and  alder- 
men or  such  commission. 

Sect.  16.  It  shall  be  the  duty  of  the  city  marshal, 
and  such  of  the  watchmen  and  police  officers  of  the 
city  as  may  be  selected  for  that  service,  on  the  alarm 
of  fire,  to  repair  immediately  to  the  place  where  the 
fire  may  be,  and  there  to  use  their  best  skill  for  the 
preservation  of  the  public  peace,  the  prevention  of 
theft  and  of  destruction  of  property,  and  for  the  re- 
moval of  all  suspected  persons. 

Sect.  17.  The  assistant  marshal,  in  the  absence  of 
the  city  marshal,  shall  have  all  the  powers  and  per- 
form all  the  duties  of  the  city  marshal  ;  and  he  shall  at 
all  times,  under  the  direction  of  the  city  marshal,  and 
such  commission,  aid  in  the  performance  of  any  and 
all  the  duties  prescribed  in  the  ordinances  for  the  city 
marshal. 

Sect.  18.  The  city  marshal,  the  assistant  marshal, 
the  night  and  day  watchmen,  and  all  other  members 
of  the  police  department  receiving  moneys  in  the  dis- 
charge of  their  duties  shall,  each,  quarterly,  account 
for  and  pay  over  to  the  city  treasurer  all  fees  which 
they  shall  receive  for  the  service  of  any  criminal 
process,  and  also  all  fees  which  they  shall  severally 
receive  as  witnesses  in  any  and  all  criminal  cases,  and 
all  moneys  received  by  them  for  services  in  behalf  of 
the  city,  other  than  that  fixed  as  their  compensation  by 
the  city  council. 

Sect.  19.  The  superintendent  of  the  fire  alarm 
telegraph  shall,  in  addition  to  his  other  duties  as  such 
superintendent,  have  supervision  and  general  charge 
and  care  of  the  rooms,  apparatus,  machinery  and 
fixtures  of  the  police  signal  telegraph  system,  and 
shall  be  responsible  to  the  city  marshal  for  their  per- 
fect order  and  efficiency.  He  shall  keep  an  accurate 
account  of  all  extra  labor  and  material  needed  for  the 
proper  maintenance  of  said  system,  and  all  the  expense 
of  said  maintenance  shall  be  charged  to  the  account  of 
such  commission. 

Sect.  20.  Sections  twenty-six,  twenty-seven  and 
twenty-eight  of  chapter  one  hundred  and  eight  of  the 
Revised  Laws  of  Massachusetts,  relating  to  establish- 
ing a  reserve  police  force,  are  hereby  accepted  and  a 


POLICE  COMMISSION,  ETC.  I79 

reserve  police  force  is  hereby  established  for  the  city 
of  Springfield,  in  accordance  therewith,  said  sections 
being  as  follows  :  — 

"Sect.  20.  Any  city,  except  Boston,  in  which  the  Reserve  police 
city  council,  with  the  approval  of  the  mayor,  accepts 
the  provisions  of  this  and  the  two  following  sections 
or  has  accepted  the  corresponding  provisions  of  earlier 
laws,  may  establish  a  reserve  police  force  ;  and  ap- 
pointments thereto  shall  be  made  in  the  same  manner 
as  appointments  to  the  regular  police  force  of  said  city, 
subject  to  such  rules  as  the  civil  service  commission- 
ers may  prescribe. 

"  Sect.  27.  The  number  of  members  of  such  reserve  Number  of  mem- 
force  shall  not  exceed  five  in  cities  in  which  the  num-  *"' 
ber  of  members  of  the  regular  force  does  not  exceed 
fifteen.  If  the  number  of  members  of  the  regular  force 
exceeds  fifteen,  one  member  may  be  added  to  the 
reserve  force  for  every  three  of  the  regular  force  above 
fifteen  and  not  above  thirty  ;  one  for  every  five  of  the 
regular  force  above  thirty  and  not  above  eighty  ;  and 
one  for  every  ten  of  the  regular  force  above  eighty. 

"  Sect.  28.     The  mayor,  chief  of  police  or  city  mar-  powers, 
shal  of  a  city  in  which  such  reserve  force  is  established 
may  assign  the  members  thereof  to  duty  in  said  city 
whenever  and  for  such  length  of  time  as  said  mayor, 
chief  of  police  or  marshal  may  deem  necessary  ;  and  duties, 
when  on  duty  the  members  of  said  reserve  force  shall 
have  all  the  powers  and  duties  of  members  of  the  regu- 
lar police  force  of  said  city.     The  compensation  of  the  compensation, 
members  of  said  reserve  force  shall  be  fixed  by  the  city 
council." 


180 


REVISED    ORDINANCES. 


CHAPTER  34. 

PROVIDING  THE  MANNER  OF  LAYING  OUT,  ALTERING,  AND 
DISCONTINUING  STREETS  ;  OF  LAYING  OUT  AND  ESTAB- 
LISHING SIDEWALKS  ;  OF  LAYING  SEWERS  AND  DRAINS, 
AND   FOR  OTHER  PURPOSES. 


Section. 

1.  Applications  for  new  streeta.or 

alteration  of  existing  streets, 
how  and  to  whom  made  ;  pro- 
ceedings. Reference  to  board 
of  public  works. 

2.  Board  of  public  works  to  view 

premises,  and  hear  parties 
interested.  Notice  of  hearing. 
Views  and  hearings  may  be 
adjourned. 

3.  Proceedings     after     hearing. 

Plans  and  estimates  to  be 
submitted  to  the  city  council. 

4.  Before    estimating    damages, 

parties  interested  may  be 
heard ;  notice. 

5.  Parties  interested    may  have 

hearing  before  city  council 
on  petition,  subject  of  dam- 
ages, etc. 

6.  Members  of  board  of  public 

works  may  attend  such  hear- 
ings, etc. 

7.  Order  of  action;  and  proceed- 

ings upon  reports  of  board  of 
public  works  by  city  coun- 
cil. 

8.  Betterments,  proceedings  on  or- 

ders and  petitionsconceming. 

9.  No  street  to  be  less  than  50 

feet  in  width,  except. 
10.    StreetR  to  conform  to  following 
specitications ; 

A.  Plan  and  profile  to  be  filed ; 

B.  Width  and  cross  section ; 

C.  Stumps,  etc.,  to  be  removed  ; 

D.  Removal  of  clay,  loam,  etc.; 

E.  Excavation  to  sub-grade, 
and  slopes ; 

F.  Rocks,  etc.,  to  be  removed  ; 
material  for  streets  and  em- 
bankments ; 


Section. 

G.    Material  for  roadway  and 

sidewalks,  tree  belts,  etc.; 
H.    Curbing; 

I.     Gutters  to  be  paved,  when; 
J.    Catch  basins,  etc.; 
K.   Treatment  of    comers  and 
angles. 
U.    Streets  constructed  after  Jan. 
1,  1902,  not  to  be  accepted 
unless  approved  by  board  of 
public  works. 
12. — Streets  not  to  be  accepted  un- 
less sewer  is  constructed. 

13  — Avenues,  lanes,  alleys,  places 

and  courts,  classified. 

14  — Sidewalks,     proceedings     on 

question  of  laying  or  estab- 
lishing ;  notice  of  hearing, 
how  served,  returned,  etc. 
16.— Board  of  public  works  to  meet 
and  hear  parties  interested, 
and  report,etc.  To  cause  sur- 
veys, plans,  etc.,  to  be  pre- 
pared. To  fix  time  for  con- 
struction, at  least  thirty  days. 
16. — Order  to  construct,  notice  of, 
to  be  given  to  all  abutters; 
how  served,  etc. 

Supervisors  to  cause  to  be  built 
sidewalks  ordered,  if  abutters 
neglect.  Assessment  and  col- 
lection of  expense. 

Main  drains  and  sewers ;  pro- 
ceedings on  question  of  lay- 
ing. If  outside  streets,  not 
to  be  laid  witiiout  consent  of 
interested  parties. 

Any  matter  relating  to  streets, 
etc.,  may  be  referred  to  board 
of  public  works. 

"Street"  includes  what. . 

Public  attention  to  be  called 
annually  to  certain  sections. 


17 


18 


19. 


Applications  for  SECTION  1.  Whenever  a  new  street,  or  an  altera- 
auTrati'^^of'ex-  tion,  widening,  change  of  grade,  discontinuance,  or 
isting  streets.       location  ancw  of   an  existing  street  is  wanted  in  the 


LAYING  OUT  STREETS.  jgl 

city  of  Springfield,  application  therefor  shall  be  made  how  an<i  to  whom 

by  petition  in  writing  to  the  city  council,  signed  by  not  ings.      ^'^^  ' 
less  than  six  inhabitants  of  said  city. 

The  mayor  and  aldermen   shall  act  first  on  said  Reference  to 

petition,  and  if  they  deem  it  best  that  a  view  or  hear-  wol-ks"  ^^ 
ing  shall  be  had  thereon,  they  shall  refer  it  imme- 
diately to  the  board  of  public  works. 

Sect.  2.    As  soon  as  may  be  after  any  petition  men-  Board  of  public 

,.  j'j.1  !•  x-  t--L  J?  jj.       works  to  view 

tioned  m  the  precedmg  section   has  been  referred  to  premises  and  hear 
them  by  the  mayor  and  aldermen,  the  said  board  shall  p*'"'*®®  interested. 
view  the  premises,  and  hear  all  the  parties  interested 
therein,  having  first   given  notice  of   the  view  and  Notice  of  hearing. 
hearing  by  causing  a  notice  thereof  to  be  served  by 
the    city    marshal,    the    assistant    marshal,    or   any 
regular  police  officer  who  may  be  designated  by  the 
mayor  and  board  of  aldermen  for  such  duties,  seven 
days  at  least  before  the  time  fixed  for  said  view  and 
hearing,  by  delivering  to  each  of  the  owners  of  land 
abutting  upon  such  existing  or  proposed  street,  and 
the  owners  of  land  upon  which  said  new  street  is  pro- 
posed to  be  laid,  an  attested  copy  of  said  notice,  or  by 
leaving  the  same  at  the  last  and  usual  place  of  abode 
of  each  such  owner  as  may  have  any  such  place  of 
abode  within  the  city,  known  to  the  officer,  and  if  any 
such  owner  has  no  such  last  and  usual  place  of  abode 
within  the  city,  known  to  the  officer,  then  such  notice 
may  be  left  with  his  tenant  or  agent,  or  be  posted  on 
or  near  the  premises.     All  notices  mentioned  in  this 
section  shall  contain  a  copy  of  the  petition,  or  the  sub- 
stance thereof,  and  the  order  of  said  board  thereon, 
and  the  said  view  and  hearing  may  be  adjourned  from  views  and  hear- 
time  to  time,  and  from  place  to  place,  at  the  discretion  jo«rn™df  ^*'  ^' 
of  said  board. 

Sect.  3.     After  viewing  the  premises  and  hearing  proceedings  after 
all  parties  who  may  desire  to  be  heard,  as  provided  for  *»«*"°8- 
in  the  preceding  section,  the  said  board  shall  report  to 
the  city  council  whether  in  their  opinion  common  con- 
venience and  necessity  require  the  street  to  be  laid  out, 
altered,  widened,  discontinued,  located  anew,  or  the 
grade  thereof  changed.     And  if  said  board  decide  in 
favor,  in  whole  or  in  part,  of  such  laying  out,  altering, 
widening,  changing  of  grade,  locating  anew,  or  dis- 
continuing a  street  or  way  as  hereinbefore  provided, 
they  shall,  as  soon  as  may  be,  cause  to  be  prepared  a  pians  and  esti- 
plan  and  description  of    such  proposed   laying  out,   SftteVto'thrcuy 
altering,  widening,  changing  grade,  locating  anew  or  ^*'"°''"- 


182  REVISED   ORDINANCES. 

discontinuance  ;  and  except  in  case  of  discontinuance, 
shall  estimate  the  probable  expense  of  fitting  the  same 
for  travel,  and  at  the  same  time  if,  in  the  opinion  of 
said  board,  damages  would  be  sustained  by  any  person 
or  corporation  in  their  property  by  reason  of  such  lay- 
ing out,  altering,  widening,  change  of  grade,  locating 
anew,  or  discontinuing  of  any  street  they  shall  estimate 
the  amount  thereof,  and  so  far  as  practicable,  the  share 
of  each  separately,  damage  for  all  land  and  buildings 
to  be  estimated  with  reference  to  their  value  before  the 
laying  out,  altering,  widening,  locating  anew,  or  dis- 
continuing of  the  street,  and  such  estimate  shall  not 
include  any  increased  value  occasioned  merely  by  such 
laying  out,  altering,  widening,  change  of  grade,  locat- 
ing anew  or  discontinuance,  and  all  such  estimates 
shall  be  submitted  with  their  report  to  the  city 
council. 
Before  estimating       Sect.  4.    Before  proceeding  to  estimate  the  damages 

damages  parties  »  '  ■,       ■,  .  ■,  ■,  -,      T    ■>■>      •         ±.        ■^^  •        • 

f ntferested  may  be  as  aforesaid,  the  said  board  shall  give  to  all  parties  in- 
terested an  opportunity  to  be  heard  thereon,  by  caus- 
ing notice  of  the  time  and  place  of  hearing  to  be  served 
in  the  manner  provided  in  the  second  section  of  this 
chapter,  except  that  said  notices  need  not  contain  a 
copy  of  the  petition  or  substance  thereof  as  required 
by  said  second  section. 
Parties  interested  Sect.  5.  At  any  time  after  notice  of  a  hearing  has 
be*ore\'ity  council  been  giveu  by  the  board  of  public  works  under  said 

on  petition,  sub-  ,  ,,  j    i      <•  rj        i  .•  i        -i 

ject  of  damages,    sccoud  scctiou,  and  bcf Ore  final  action  by  the  mayor 
and  aldermen  upon  their  report,  any  party  interested 
may  apply  in  writing  to  either  or  both  branches  of  the 
city  council,  asking  for  a  hearing  before  it  upon  said 
petition,  or  upon  the  subject  of  damages,  or  upon  any- 
thing contained  in  said  report,  and  thereupon  shall  be 
heard  thereon  in  that  branch  to  which  the  application 
is  made  at  a  time  and  place  which  it  shall  appoint,  and 
of  which  said  applicant  shall  have  due  notice.     Any 
hearing  appointed  under  this  section  shall  be  open  to 
all  interested  parties  who  appear  and  desire  to  be 
heard. 
Members  of  board       Sect.  G.    Any  member  of  the  board  of  public  works 
SLy"ittend°8uch   may  attend  any  meeting,  of  the  mayor  and  aldermen 
hearings,  etc.       ^j.  commou  couucil,  while  their  reports  are  under  dis- 
cussion, and  may  make  such  explanations  and  oral 
statements  of  facts  regarding  them  as  he  thinks  fit. 
Order  of  action  Sect.  7.    Actiou  in  the  city  council  upon  the  report 

upon  reports  of     of  Said  board  shall  first  be  had  by  the  mayor  and  alder- 


LAYING  OUT  STREETS.  183 

men.     And  such  order  in  the  premises  as  shall  be  made  board  of  pubuo 

works  Ijv  citT 

by  the  mayor  and  aldermen,  together  with  the  petition,  counch. 
remonstrances,  if  any,  and  all  plans,  descriptions,  and 
estimates  relating  thereto,  shall  be  transmitted  to  the 
common  council ;  but  final  action  thereon  shall  not  be 
had  in  the  common  council  until  at  least  seven  days  after 
the  passage  of  the  order  by  the  mayor  and  aldermen. 

Sect.  8.    All  orders  or  petitions  relating  to  the  as-  Betterments,  pro- 
sessments  of  betterments  by  reason  o^  the  laying  out  and^pe^ums  con" 
of  a  new  street,  or  any  alteration,  change  of  grade,  *^'"°*°^- 
location  anew,  or  discontinuance  of  an  existing  street 
shall,  at  some  time  before  final  action  is  had  thereon, 
be  referred  to  the  board  of  public  works,  who  shall 
consider  the  same,  either  with  or  without  a  hearing, 
and  make  report  thereon  to  the  mayor  and  aldermen. 
The  mayor  and  aldermen  shall  take  such  action  upon 
said  report,  and  the  subject  matter  therein  contained, 
as  they  shall  deem  best. 

Sect.  9.     No  street  or  way  shall  be  hereafter  laid  no  street  to  i>e 
out,  established  or  accepted  as  a  public  street  of  a  less  width,  except. 
width  than  fifty  feet,  unless  the  same  was  actually  con- 
structed previous  to  April  1,  1902. 

Sect.  10.     No  street  or  way  constructed  on  private  streets  to  conform 
lands  after  September  16,  1902,  shall  be  laid  out,  es-  speciacltiols  .- 
tablished  or    accepted  as  a  public  street  or    recom- 
mended for  such  acceptance  as  a  public  street,  unless 
previously  constructed  and  completed  in  accordance 
with  the  following  specifications  : 

A.  A  plan   and  profile  showing  the  location  and  pian  and  profile  to 
grade  of  every  street  or  way  which  it  is  proposed  to 

lay  out  and  establish  as  a  public  street  shall  be  filed 
with  the  board  of  public  works  by  the  corporation  or 
individual  proposing  to  open  said  street,  at  the  time  of 
laying  out  as  a  private  way  and  before  the  same  is 
graded  or  improved.  Such  plan  and  profile  shall  be 
drawn  to  such  scale  as  may  be  required  by  the  city 
engineer,  and  to  his  approval,  and  shall  show  the  loca- 
tion and  grade  of  all  connecting  streets. 

B.  Every  such  street  or  way  shall  be  constructed  width  and  cross 
not  less  than  fifty  feet  in  width,  and  shall  have  a  road-  ^<^"*'"! 
way  of  not  less  than  thirty  feet  in  width,  and  shall  be 

of  such  cross  section  as  the  city  engineer  may  prescribe. 

C.  The  entire  area  of  every  such  street  or  way  stumps,  etc.,  to  be 
shall  be  cleared  of  stumps,  rocks,  roots    and   other  "'""''®**' 
unnecessary  material,  and  of  all  trees  not  intended 

for  preservation. 


184 


REVISED   ORDINANCES. 


removal  of  clay, 
loam,  etc. ; 


excavation  to  sub- 
grade, 


and  slopes; 


rocks,  etc.,  to  be 
removed ; 


material  for 
streets  and  em- 
bankments ; 


material  for  road- 
wav  and  side- 
walks, 


tree  belts,  etc. ; 


curbing; 


gutters  to  be 
paved,  wben; 


catch  basins,  eto. ; 


treatment  of  cor- 
ners and  angles. 


D.  All  clay,  loam  and  loamy  material  shall  be  re- 
moved from  the  limits  of  the  roadway  and  of  the  side- 
walks, to  such  a  depth  as  may  be  approved  by  the  city 
engineer,  and  shall  be  deposited  outside  the  limits  of 
such  streets. 

E.  All  work  in  excavation  and  embankment  shall 
be  brought  accurately  to  a  sub-grade,  of  not  less  than 
six  inches  for  the  roadway  and  twelve  inches  for  the 
sidewalk  below  the  finished  grade.  All  side  slopes  in 
excavation  and  on  adjoining  land  shall  be  at  a  ratio  to 
be  furnished  by  the  city  engineer. 

F.  All  rocks  and  boulders  in  excavation  shall  be 
removed  from  the  street  or  used  in  the  embankment. 
All  embankments  shall  be  made  of  loam,  clean  sand, 
gravel,  cinders,  furnace  slag,  rock  or  broken  stone 
only.  Under  no  circumstances  shall  any  perishable 
material  be  used  for  the  making  of  streets  or  street 
embankments. 

G.  A  good  binding  gravel  or  three  grades  of  mac- 
adam, as  may  be  approved  by  the  board  of  public 
works,  shall  be  laid  above  the  sub-grade  on  the  road- 
way and  to  the  finished  grade,  and  clean  sand,  or  such 
other  materials  as  may  be  designated  by  the  said 
board,  shall  be  laid  on  the  sidewalks  above  the  sub- 
grade  and  paved  to  the  finished  grade  with  such 
materials  as  may  be  designated  by  the  said  board. 
The  tree  belt  and  side  slopes  adjoining  or  near  the 
street  line  shall  be  covered  with  good  loam  at  least 
eight  inches  in  depth  and  so  applied  as  to  insure 
against  slipping. 

H.  The  said  board  may  at  its  discretion  designate 
such  quality,  length,  depth  and  thickness  of  curbing 
as  in  their  opinion  may  be  necessary  to  be  laid  on  every 
such  street. 

I.  The  side  gutters  on  every  street  having  a  grade 
of  two  per  cent,  or  more  shall  be  paved  at  least  three 
feet  wide  with  stone,  concrete  or  other  suitable 
material  as  may  be  approved  by  the  city  engineer. 

J.  Every  street  having  a  continuous  grade  for  more 
than  three  hundred  feet  shall  have  catch  basins  and 
grates  at  such  locations  and  of  such  quality,  kind  and 
dimensions  and  so  connected  with  the  permanent 
drainage  outlet,  as  may  be  approved  by  the  city 
engineer. 

K.  All  corners  of  intersecting  streets  shall  be 
rounded,  and  granite  bounds  shall  be  set  at  all  angles. 


IKYING  OUT  SIDEWALKS.  186 

curves  and  corners  of  connecting  streets  by  the  own- 
ers of  abutting  land,  and  at  their  expense  according  to 
the  approval  and  direction  of  the  city  engineer. 

Sect.  11.     No  street  or  way,  constructed  after  Janu-  streets  con- 
ary  1,  1902  on  private  lands,  shall  be  laid  out,  estab-  1,1902,  not  to'be*"' 

f    1       ^  xj  IT  xj.ij.1  -x         j:    accepted  unless 

lished  or    accepted  as  a  public   street  by  the  city  of  approved  by  board 
Springfield,  unless  the  location,  direction  and  grade  of  °  ^"    ^  ^°' 
such  proposed  street  shall  have  been  determined  by 
the  board  of  public  works,  previous  to  the  construc- 
tion of  said  street. 

Sect.  12.     No  street  or  way  shall  hereafter  be  laid  streets  not  to  be 

ACCGptCQ  unless 

out,  established  or  accepted  as  a  public  street  in  the  seweriscon- 
city  of  Springfield  unless  the  sewer  or  drain  therein  is 
constructed  in  accordance  with  the  directions  of,  or  is 
approved  by  the  board  of  public  works  in  regard  to  the 
dimensions,  materials  and  grade  thereof. 

Sect.  13.     The  name  avenue  shall  be  given  only  to  Avenues,  lanes, 

XI      1  1  •  .        i      i         i         /.    1  •  .11    alleys,  places  and 

the  longer  and  more  important  streets  of  the  city.  All  courts,  classified. 
narrow  passageways  less  than  twenty-five  feet  in 
width  shall  be  called  lanes  or  alleys  according  to  fit- 
ness ;  the  longer  and  more  important  of  them  shall  be 
called  lanes,  and  the  shorter  and  less  dignified  ones 
shall  be  called  alleys.  All  blind  or  dead  end  streets 
or  passageways  shall  be  known  as  places  or  courts. 

Sect.  14.     No  sidewalk  shall  be  laid  out  or  estab-  sidewalks,  pro- 

I'vji  xi  •  r  1        •  ii-i»  ceedings  on  ques- 

lished  unless  the  question  of  laying  out  or  establishing  tion  of  laymg  or 
shall  have  been  first  referred  to  the  board  of  public 
works  by  the  city  council.  Said  board  shall,  as  soon  as 
may  be,  cause  a  notice  of  the  time  and  place  of  the 
hearing  of  all  parties  interested  therein  to  be  given  to 
the  several  owners  of  land  in  front  of  which  said  side- 
walk is  proposed  to  be  laid  out  or  established,  by  the 
city  marshal,  assistant  marshal,  or  any  regular  police 
oflScer  designated  as  provided  in  section  two  ;  said  how  served^"^ 
notice  shall  be  served  seven  days  at  least  before  the  turned,  etc.' 
time  of  said  hearing,  by  leaving  an  attested  copy 
thereof  at  the  last  and  usual  place  of  abode  of  each 
of  said  owners,  or  by  delivering  the  same  personally 
to  each  owner  or  the  tenant  or  authorized  agent  of  such 
owner  ;  and  if  the  owner  or  owners  have  no  such  place 
of  abode  in  the  city,  and  no  tenant  or  authorized  agent 
known  to  the  officer  serving  said  notice,  or  if  being  a 
resident,  he  shall  not  be  known  as  such  by  said  officer, 
then  such  copy  shall  be  posted  on  or  near  the  land  in 
front  of  which  said  sidewalk  is  proposed  to  be  laid  out 
or  established  seven  days  at  least  before  the  time  of 


186  REVISED   ORDINANCES. 

said  hearing  ;  and  said  officer  shall,  before  the  time 
appointed  for  the  hearing,  make  a  return  of  his  doings 
thereon,  on  the  original  notice,  and  deliver  the  same 
to  said  board  of  public  works  who  shall  transmit  the 
same  to  the  city  council  with  their  report. 
Board  of  public  Sect.  15.     At  the  time    and    place    appointed   as 

works  to  meet  and  i       i  •  i  i 

hear  parties  Inter-  aforesaid,  the  Said  board  shall  meet  and  hear  all  per- 

ested  and  report,  ,  .         .  -i      i     .  11  1 

etc.  sons  and  parties  interested  claiming  to  be  heard,  and 

if  deemed  necessary  or  requested  thereto,  shall  proceed 
to  view  the  premises  ;  and  they  shall  thereafter  report 
to  the  city  council  whether  common  convenience  and 
necessity  require  that  said  sidewalk  be  laid  out  or 

To  cause  surveys,  established.     If  they  report  in  favor  thereof,  in  whole 

plans,  etc.,  to  be  .  ^ 

prepared.  or  in  part,   they  shall  cause  all   necessary  surveys, 

plans  and  profiles  to  be  made,  indicating  the  height, 
width,  and  grade  of  the  proposed  sidewalk,  and  the 
materials  of  which  it  shall  be  constructed.  And  if  the 
said  board  deem  it  proper  that  the  construction,  as 
well  as  the  laying  out  of  the  proposed  sidewalk  should 

To  i\x  time  for      be  Ordered,  their  report  shall  also  state  the  time  within 

construction,  at  '  ^ 

least  thirty  days,  whicli  the  Same  shall  be  Completed,  which  time  shall 
be  at  least  thirty  days. 

ftruct.'^oticeofto       Sect.  IG.    When  the  city  council  have  ordered  a 

abiftters-*^*"  sidewalk  to  be  constructed  and  completed  within  a 
certain  time,  notice  thereof  shall  be  given  by  the  city 
clerk  to  the  owners  of  land  in  front  of  which  said  side- 
walk   is    proposed    to    be    constructed,    which     said 

how  served,  etc.  noticc  shall  be  Served,  returned,  filed  and  preserved 
in  the  office  of  the  city  clerk  for  future  reference. 

Supervisors  to  Sect.  17.    Whenever  any  sidewalk,  or  anv  portiou 

cause  to  be  built       ,  ■,•-,■>  1  i.i  ,  1    ■>  •,•  \       t  1 

sidewalks  ordered,  thereof ,  which   has  bcou  laid  out,  established,  and 
lec*;  ^     ordered  by  the  city  council,  to  be  constructed,  after 

notice  to  the  owners  of  real  estate,  as  is  provided  in 
the  preceding  section,  shall  not  be  completed  within 
the  time  fixed  in  the  order  aforesaid,  the  board  of 
supervisors  of  highways  and  bridges  shall  cause  said 
sidewalk  to  be  constructed  according  to  the  original 
S'ctTon  of  et-  order,  and  the  expense  thereof  shall  be  assessed  by  the 
pense.  city  council  upon  the  persons  owning  the  lands  in 

front  of  which  said  sidewalk  is  constructed  ;  and  the 
sums  so  assessed  shall  be  a  lien  upon  said  lands,  for 
the  term  of  two  years  from  said  assessment.  The  city 
clerk  shall  certify  such  assessment  to  the  tax  collector, 
who  shall  forthwith  demand  payment  thereof,  and 
proceed  to  collect  the  same  as  provided  for  the  collec- 
tion of  taxes  or  other  claims  due  the  city. 


LAYING  OUT  STREETS. 


187 


Sect.  18.  No  main  drain  or  sewer  shall  be  laid  or 
made,  unless  the  question  of  such  laying  or  making  shall 
first  be  referred  to  the  board  of  public  works,  who 
shall  report  to  the  mayor  and  aldermen  an  estimate  of 
its  cost,  the  materials  of  which,  and  the  manner  in 
which  the  same  should  be  laid  or  made  and  an  estimate 
of  the  damages  likely  to  be  occasioned  by  taking  land 
or  water  courses,  and  if  the  sewer  or  drain  or  any  por- 
tion thereof  shall  be  outside  the  limits  of  the  streets, 
it  shall  not  be  laid  otherwise  than  by  the  consent  of 
all  persons  interested,  without  the  same  proceedings 
being  had  thereon  as  are  hereinbefore  provided  in 
cases  of  laying  out  streets. 

Sect.  19.  The  mayor  and  aldermen  and  common 
council  may,  from  time  to  time,  as  they  may  deem  best, 
refer  to  the  board  of  public  works,  any  matter  relating 
to  streets,  sidewalks,  bridges,  sewers  and  drains,  parks, 
squares,  and  public  places,  and  thereupon  it  shall  be- 
come the  duty  of  said  board,  without  delay,  to  consider 
the  matter  so  referred  and  make  report  thereon. 

Sect.  30.  The  word  street  in  this  chapter  shall 
include  highways,  town  ways,  lanes,  and  alleys. 

Sect.  21.  The  board  of  public  works  shall  annually 
in  the  month  of  March  publicly  call  attention  to  the 
terms  of  sections  nine  to  twelve  inclusive  of  this 
chapter  and  sections  eleven  and  twelve  of  chapter 
thirty-six. 


Main  ilrainn  and 
sewers;  jirooeed- 
ings  on  question 
of  laying. 


If  outside  streets, 
not  to  l>e  laid  with- 
out consent  of 
interested  parties. 


Any  matter  relat- 
ing to  streets, etc., 
may  be  referred  to 
board  of  public 
worlis. 


"  Street "  includes 
what. 


Public  attention 
to  be  called  an- 
nually to  certain 
sections. 


188  REVISED   ORDINANCES. 


CHAPTER  35. 

ESTABLISHMENT  OF  BUILDING  LINES. 


Section. 

1.     Section  103  of  chapter  48  of  Re-  [  Laws,  §  103.    Building  line  may  be 
vised  Laws,  accepted.  |  established  ;  damages. 

R.  L.,ch.48,8ect.        SECTION  1.     Scction    One    hundred    and    three    of 
.accepte  .        chapter  forty-eight  of  the  Revised  Laws  is    hereby 
accepted,  which  section  is  as  follows  : — 
Building  line  may       "SECTION  103.     If  the  city  council  of  a  city  or  if  a 

b6  68tftbli8b6Cl  * 

town  accepts  the  provisions  of  this  section  or  has 
accepted  the  corresponding  provisions  of  earlier  laws, 
a  building  line  parallel  to,  and  not  more  than  twenty- 
five  feet  distant  from,  the  exterior  line  of  a  highway 
or  town  way  may  be  established  in  the  manner  pro- 
vided for  laying  out  ways,  and  thereafter  no  structures 
shall  be  erected  or  maintained  between  such  building 
line  and  such  way,  except  steps,  windows,  porticos 
and  other  usual  projections  appurtenant  to  the  front 
wall  of  a  building,  to  the  extent  prescribed  in  the  vote 
damages.  establishing  such  building  line.     Whoever    sustains 

damage  thereby  shall  have  the  same  remedies  there- 
for as  for  damages  sustained  by  the  laying  out  of  a 
town  way." 


SEWERS. 


189 


CHAPTER  36. 
SEWERS. 


Section. 

1.  Superintendent  of  streets  to  be 

superintendent  of  sewers. 

2.  To    have    superintendence    of 

main  drains,  common  sewers, 
and  charge  of  building  same  ; 
to  make  contracts. 

3.  To  keep  account  of  cost  and 

make  report  of  work  and  ex- 
penditures annually. 

4.  To  build  or  lay  common  sewers. 

City  engineer  to  determine 
grade  and  make  measure- 
ments. 

5.  Opening  of  streets,  not  to  inter- 

fere with  common  sewers. 
Removal  of  pipes  interfering 
with  sewers. 

6.  No  one  to  dig  up  streets,  etc., 

for  sewer  purposes,  except 
superintendent,  etc.  Penalty. 

7.  City  engineer  to  inform  super- 

intendent as  to  grades  of 
sewers. 

8.  Plans  of  common  sewers  to  be 

made  and  kept  by  city  engi- 
neer ;  entries  to  be  minuted 
thereon. 

9.  Common  sewers  to  be  laid  in 

center  of  streets ;  materials 
and  dimensions. 


Section. 

10.  Private  drains  in  streets  when 

connected  with  public,  to  be 
city  property ;  prerequisites 
to  such  connection. 

11.  Sewers  to  be  laid  only  in  cer- 

tain streets;  Exception  on 
recommendation  of  board  of 
public  works. 

12.  Private     sewers    in     private 

streets. 

13.  Private  drains  in  streets  and 

entrances  into  mains,  by 
whom  to  be  constructed,  etc. 

14.  Land  owner,  etc.,  may  be  com- 

pelled to  enter  sewer,  when  ; 
owner,  etc.,  to  be  notified. 
Penalty  for  neglect  to  com- 
ply- 
16.  Private  connecting  with  main 
drains,  how  built,  etc. 

16.  Private  drains  not  to  be  en- 

tered into  main  without  per- 
mit from  mayor  and  alder- 
men. 

17.  Steam,  not  to  be  exhausted  in- 

to main  drains,  etc.   Penalty. 

18.  Superintendent     to      inspect 

buildings,  cause  to  be  prose- 
cuted, etc. 


Section  1.  The  superintendent  of  streets  shall  be 
superintendent  of  sewers. 

Sect.  2.  The  superintendent  of  sewers  shall,  under 
the  direction  of  the  mayor  and  aldermen,  take  the  gen- 
eral superintendence  of  all  main  drains  and  common- 
sewers,  built  or  permitted  to  be  built  or  owned  by  the 
city,  and  of  all  connections  built  under  provisions  of 
this  chapter,  and  take  charge  of  the  building,  repairs, 
and  keeping  in  order  of  the  same,  and  shall,  when  in- 
structed to  do  so  by  the  mayor  and  aldermen,  make  all 
contracts  for  the  supply  of  labor  and  materials  there- 
for. 

Sect.  3.  The  superintendent  of  sewers  shall  keep 
and  submit  to  the  mayor  and  aldermen  an  accurate 
account  of  the  cost  of  constructing  each  main  drain  or 
common  sewer,  and  of  all  other  expenses  in  relation 


Superintendent  of 
streets  to  be  super- 
intendent of 
sewers. 

To  have  guperin- 
tendence  of  main 
drains,  common 
sewers  and  charge 
of  building  same; 


to  make  contracts. 


To  keep  account  of 
cost  and  make  re- 
port of  work  and 
expenditures 
annually. 


190 


REVISED    ORDINANCES. 


To  build  or  lay 
common  sewers. 


City  engineer  to 
determine  ^rade 
and  make  meas- 
urements. 


thereto,  and  he  shall  annually,  in  December,  submit  a 
report  of  all  work  performed,  and  the  amount  of  all 
expenditures  for  sewers  and  drains. 

Skct.  4.  The  superintendent  of  sewers  shall  build 
or  lay  all  common  sewers  or  drains  to  the  grade  deter- 
mined by  the  city  engineer,  and  before  connecting  any 
private  drain  with  any  main  drain  or  sewer  he  shall 
notify  the  city  engineer  of  his  intention  so  to  do,  and 
of  the  time  when  he  will  have  the  same  in  proper  con- 
dition for  the  necessary  measurements  to  be  taken  to 
locate  the  connection  ;  and  it  shall  be  the  duty  of  the 
city  engineer  to  take  said  measurements  so  as  not  to 
hinder  the  work, 
openinp  of  streets       Sect.  5.     Whenever  any  street  shall  be  opened  for 

not  to  interfere        .i       t        •  n      •  n  .  ,  i 

with  common       the  laymg  of  pipes  for  water,  gas,  or  other  purposes,  or 
sewers.  ^^^  ^j^^  prosccutiou  of  any  works  of  construction  or  re- 

pairs, said  laying  of  pipes  and  repairs  and  work  con- 
nected therewith,  or  such  work  of  construction  shall 
be  executed  so  as  not  to  obstruct  the  course,  capacity, 
or  construction  of  a  common  sewer  or  drain,  and  when- 
ever pipes  for  any  purpose  or  any  work  of  construction 
shall  hereafter  be  found  to  exist  at  such  depth  or  in 
such  location  as  to  interfere  with  any  existing  sewer 
or  with  the  building  of  any  common  sewer  of  the  re- 
quired size  and  at  the  proper  depth  and  grades,  the 
department,  corporation,  company,  or  individual,  as 
the  case  may  be,  maintaining  the  same  shall,  upon 
Removal  of  pipes  noticc  thereof,  at  once  remove,  change,  and  alter  said 
pipe  or  pipes,  or  other  works  in  such  manner  as  the 
superintendent  of  sewers  may  direct.  If  such  depart- 
ment, corporation,  company,  or  individual  neglects  to 
immediately  remove,  change,  or  alter  such  pipe  or 
pipes  in  accordance  with  the  terms  of  notification, 
then  the  superintendent  of  sewers  may  make  such 
removal,  change,  or  alteration,  and  the  cost  there- 
of shall  be  paid  by  such  corporation,  company,  or  in- 
dividual. 

Sect.  6.  No  person  other  than  the  superintendent 
of  sewers,  or  his  employees  acting  under  his  directions, 
shall  be  allowed  to  dig  up  any  street  or  open  any  main 
drain  or  sewer  for  any  purpose  whatever,  connected 
with  any  sewer,  or  connect  the  same  with  a  private 
drain  ;  and  any  person  who  shall  violate  the  pro- 
visions of  this  section  shall  forfeit  and  pay  a  penalty 
of  not  more  than  twenty  dollars  for  each  and  every 
offense. 


interfering  with 
sewers. 


dig 

streets,  etc.Ti 
sewer  purposes, 
except  superin- 
tendent ; 


penalty. 


SEWERS.  191 

Sect.  7.     The  city  engineer  shall  furnish  the  super-  city  engineer  to 
intendent  of  sewers  with  suitable  information  of  the  tenue'Ilt^as'tf) "" 
proposed  grade  of  sewers  at  points  not  over  fifty  feet  ^™  *"*  '  *®*®"' 
apart  on  the  line  of  the  sewers. 

Sect.  8.     The  city  engineer,  whenever  any  common  pians  of  common 
sewer  is  built,  shall  make  a  plan  of  the  same,  showing  and  kept  by^clty  ® 
the  form,  mode  of  construction,  depth  below  the  sur-  ®°s^°*®'"' 
face,  relation  of  the  grade  line  to  the  city  base,  and 
the  general  direction  of  the  sewer  relatively  to  the 
street  lines  or  neighboring  property  ;  and  insert  said 
plan  in  a  book  to  be  kept  in  his  office  for  that  purpose  ; 
and  shall  also  minute  on  said  plans  all  entries  into  entries  to  be 

J.       ,  .    ,  ,  .    .  minuted  tliereon. 

any  common  sewer  of  which  a  plan  exists. 

Sect.  9.     All  common  sewers  which  shall  be  ordered  common  sewers  to 

v.,  jij  •  j.^1-1  be  laid  in  center 

by  the  mayor  and  aldermen  in  any  street  or  highway  of  streets; 

shall  be  laid  out  as  nearly  as  is  practicable  in  the  center 

of  such  highway,  and  shall  be  built  of  such  materials  materials  and  di- 

and  of  such  dimensions  as  the  mayor  and  aldermen 

shall  direct. 

Sect.  10.     All  sewers  and   drains  laid  by  private  Private  drains  in 

...  J.         J.  j^  1  streets  when  con- 

parties  in  any  street,  court,  or  way,  opened  or  pro-  nected  wiih  pub- 
posed  to  be  opened  for  public  travel  and  accommoda-  property  T*^^ 
tion,  shall  be  the  property  of  the  city  when  connected  % 

with  a  public  sewer,  and  no  such  sewer  or  drain  shall 
hereafter  be  connected  with  a  public  sewer  unless  it 
be  of  such  size,  material,  construction,  and  depth,  and 
in  such  location  as  the  city  engineer  may  direct  so  far  prerequisites  to 

..    •  -Ai   •       j.1.       T  e  1        J.         J.  J.  such  connection. 

as  it  IS  Within  the  lines  of  such  street,  court,  or  way  ; 
nor  until  the  owners  thereof  shall,  in  writing,  convey  to 
the  city  exclusive  control  over  the  same  with  the  right 
to  enter  such  court,  street,  or  way,  and  dig  up  the  same 
so  far  as  necessary  for  repairing  and  controlling  said 
sewer  or  drain,  and  making  connections  therewith. 

Sect.  11.     No  sewer  or  drain,  except  a  trunk  sewer  sewers  to  be  laid 
when  required  by  the  conformation  of  the  land,  shall  streets;*'*' 
be  laid  by  the  city  of  Springfield  in  any  street  or  way, 
unless  such  street  or  way  has  been  or  is  to  be  laid  out 
and  constructed  in  accordance  with  the  provisions  of 
sections   nine   to   twelve,   inclusive,   of    chapter    34  ; 
provided,  however,  that  on  recommendation   of    the  Exception  on  rec- 
board  of  public  works,  setting  forth  that  public  neces-  fmanfof  puwic' 
sity  requires  the  building  of  a  sewer  or  drain  in  a  pri- 
vate street  or  way  not  so  laid  out  and  constructed,  the 
city  council  may,  if  such  sewer  or  drain  has  been  peti- 
tioned for  as  required  by  the  ordinances  of  the  city, 
order  such  sewer  or  drain  laid  in  such  street  or  way. 


works. 


192 


REVISED    ORDINANCES. 


Private  sewera  in 
private  streets. 


Private  drains  in 
streets  and 
entran(;e8  into 
mains,  by  whom 
to  be  constructed, 
etc. 


XAnd  owner,  etc., 
may  be  com- 
pelled to  enter 
sewer,  when; 


owner,  etc.,  to  be 
notified. 


Penalty  for  neg- 
lect to  comply. 


Private  connect- 
ing with  main 
drains,  how  built, 
etc. 


Skct.  12.  No  connection  shall  be  made  between 
any  private  drain  or  sewer  in  any  private  street  or 
way  and  any  sewer  of  the  city  of  Springfield,  unless 
such  street  or  way  has  been  or  is  to  be  laid  out  and 
constructed  in  accordance  with  the  provisions  of  sec- 
tions nine  to  twelve  inclusive  of  chapter  34 ;  provided, 
however,  that  on  recommendation  of  the  board  of 
public  works  setting  forth  necessity  therefor  the 
board  of  aldermen  may  order  a  sewer  or  drain,  in  a 
street  or  way  not  so  laid  out  or  constructed  to  be  con- 
nected with  a  sewer  in  a  public  street  on  such  terms 
and  conditions  as  said  board  of  aldermen  may  deem 
advisable. 

Sect.  13.  The  construction  of  all  private  drains 
within  the  street  limits,  and  all  entrances  into  any 
main  drain  or  common  sewer  shall  be  performed  by 
the  superintendent  of  sewers,  and  all  material  therefor 
shall  be  furnished  by  the  city,  and  the  cost  thereof 
and  of  the  labor  of  laying  the  same  shall  be  included 
in  the  sum  paid  for  the  permit  of  entry. 

Sect.  14.  The  mayor  and  aldermen  and  the  board 
of  health  shall  each  have  power,  in  all  cases  where 
there  is  a  public  sewer  in  any  street  or  highway  of  the 
city,  to  cause  every  owner  of  land  adjoining  such 
street  or  highway,  his  agent  or  tenant,  to  make,  sub- 
ject to  the  provisions  of  this  chapter,  a  sufficient  drain 
from  his  house,  yard,  or  lot,  to  and  into  such  sewer, 
whenever,  in  the  opinion  of  either  of  said  boards,  the 
same  shall  be  necessary  for  the  protection  of  the  pub- 
lic health  ;  and  shall,  thereupon,  give  such  owner, 
agent,  or  tenant  notice  in  writing,  specifying  the  time 
within  which  such  drain  shall  be  constructed,  its  size 
and  form,  and  the  materials  of  which  it  shall  be  con- 
structed, and  either  of  said  boards  may,  whenever, 
in  their  opinion,  the  protection  of  the  public  health 
requires,  prohibit  the  maintenance  of  any  privy  or 
cesspool  on  any  premises  connected  with  a  public 
sewer'  Any  person  who  neglects  to  build  a  drain 
under  the  provisions  of  this  section  within  the  time 
specified  in  said  notice  to  do  so,  or  maintains  a  privy  in 
violation  of  such  prohibition,  shall  forfeit  and  pay  a 
penalty  of  not  more  than  twenty  dollars  for  each  and 
every  offense. 

Sect.  15.  All  private  drains  hereafter  connected 
with  any  main  drain  or  sewer  must  be  built  and  con- 
structed, and  all  private  drains  connected  with  any 


SEWERS.  193 

main  drain  or  sewer  must  be  maintained  and  the  sewer 
protected,  according  to  the  rules  and  regulations  for 
sewers  and  drains. 

Sect.  IG.     No  private  drain  shall  be  entered  into  Private  draina  not 

J       •  -ii         i  -x    •        to  be  entered  into 

any  mam  drain  or  common  sewer  without  a  permit  m  main  without 
writing  from  the  mayor  and  aldermen,  which  permit  SSyorand'aider- 
and  application  therefor  must  be  of  the  form  prescribed  ™^°' 
in  the  rules  relating  to  sewers  and  drains  adopted   by 
the  mayor  and  aldermen,  and  all  persons  to  whom 
such  permit  shall  be  granted  shall  pay  therefor  such 
sum,  not  less  than  fifteen  dollars,  as  the  mayor  and 
aldermen  shall  determine. 

Sect.  17.     It  shall  be  unlawful  for  any  person  or  steam  not  to  be 
corporation,  or  the  employee  of  any  person  or  corpo-  SSn"drahi"etc. 
ration,  to  use  any  main  drain  or  sewer  as  a  place  into 
which  to  exhaust  steam  from  any  boiler,  engine,  or 
heating  apparatus,  or  to  exhaust  steam  therein  by 
allowing  steam  to  pass  directly  or  indirectly  from  any 
boiler,  engine,  or  heating  apparatus  into  any  main 
sewer  or  drain.     Any  person  who  shall  violate  the  Penalty, 
provisions  hereof  shall  be  punished  by  a  fine  of  not 
more  than  twenty  dollars  for  each  and  every  offense. 

Sect.  18.    It  shall  be  the  duty  of  the  superintend-  superintendent  to 
ent  of  streets  and  sewers  to  inspect  all  buildings  in  cauM*u)*^bi^^'"^' 
which  steam  is  used  for  power  or  for  heating  purposes,  p'^*®^'^*®'^'  ®^<'- 
and  to  cause  to  be  prosecuted  all  persons  who  shall  be 
found  violating  the  provisions  of  this  chapter. 


194 


REVISED    ORDINANCES. 


CHAPTER  37. 

FOR  THE  PREVENTION  OF  INJURIOUS  PRACTICES  IN 
THE  STREETS. 


Section. 

1.  Streets,  etc.,  not  to  be  dug  up  or 

obstructed  without  license; 
statement  to  be  filed  an- 
nually, showing  work  pro- 
posed to  be  done. 

2.  When  streets,  etc.,  are    dug 

up  or  obstructed,  railings  or 
fences  and  lights  to  be  put 
up  and  kept  around  the  places 
obstructed.  Streets  to  be 
afterward  repaired. 

3.  Awnings  over  streets  and  side- 

walks not  to  be  maintained 
unless  eight  feet  above  side- 
walk, etc.;  nor  without  per- 
mission of  mayor,  etc.;  per- 
mission revocable. 

4.  Signs,  fiags,  merchandise,  etc., 

not  to  be  suspended  over 
sidewalks  or  streets,  unless, 
etc.;  nor  without  permission 
of  mayor;  permission  revo- 
cable. 

5.  House    dirt,   etc.,  not   to  be 

placed  in  streets;  handbills, 
etc.,  not  to  be  distributed  in 
streets,  except. 

6.  Articles  liablfe  to  puncture  tires 

or  impede  vehiclei,  not  to  be 
in  streets. 

7.  Firewood,  etc.,  not  to  remain 

on  sidewalk  over  night,  etc.; 
if  necessarily  left,  light  to  be 
kept. 

8.  Certain  animals  not  to  be  at 

large,  or  depastured,  in  the 
streets,  etc. 

9.  Driving  in  streets,  restrictions 

as  to ;  exceptions. 

10.  Vehicles    for   conveyance    of 

articles  for  hire,  not  to  stand 
for  orders  in  streets,  etc. ,  ex- 
cept in  places  assigned  by 
mayor  and  aldermen.  May- 
or and  aldermen  may  license 
and  assign  stands  for.  Li- 
cense revocable. 

11.  Vehicles   for    conveyance   of 

persons  for  hire,  not  to  stand 
for  orders  in  streets,  etc. ,  ex- 
cept in  places  assigned.  City 
marshal  shall  assign  stands 
for  such  vehicles ;  license 
revocable. 


Section. 

12.  Vehicles  used  for  selling  goods, 

etc.,  where  may  not  and  may 
stand.  With  wood,  person 
in  charge  must  have  certifi- 
cate of  quantity. 

13.  Vehicles  not  to  be  driven  on 

sidewalks,  etc.;  except  chil- 
dren's hand  carriages. 

14.  Teams    not   to    olwtruct    by 

standing  across  streets,  side- 
walks, or  crosswalks,  nor  to 
stop  on  crosswalks. 

15.  Cattle  not  to  be  allowed  to  go 

on  sidewalks,  except  to  cross. 

16.  Sidewalks,  etc.,  not  to  be  ob- 

structed. 

17.  Buildings   not   to   be  moved 

through  streets  without  li- 
cense from  supervisors,  and 
filing  agreement  to  comply 
with  license  and  indemnify 
city. 

18.  Snow  and  ice  not  to  be  thrown 

into  streets  imless  broken  up, 
etc. 

19.  Wood  sawing  or  piling  on  side- 

walk prohibited. 

20.  Gaming  tables,  etc.,  and  gam- 

ing in  streets  prohibited. 

21.  Booths,  etc.,  for  sale  of  any- 

thing in  streets  prohibited. 

22.  Firearms  not  to  be  discharged 

in  streets,  etc.,  except. 

23.  Fireworks,  bonfires,  etc.,  set- 

ting fire  to  without  license 
prohibited. 

24.  Fences,  guideposts,  signboards, 

awnings,   etc.,     not    to    be 
defaced. 
26.    City  lamps  not  to  be  lighted  or 
extinguished  without  permis- 
sion. 

26.  Trees  not  to  be  cut  down,  etc., 

without  permission  ;  animals 
not  to  be  fastened  to. 

27.  Street  dirt,  etc.,  restriction  as 

to  removal  of. 

28.  Disorderly  conduct,   indecent 

or  profane  language  in  streets 
forbidden. 

29.  Indecent  exposure  in  bathing, 

etc.,  prohibited. 
80.    Sink  or  impure  water  not  to  be 
allowed  to  run  into  streets,  etc. 


PREVENTION  OP  INJURIOUS  PRACTICES  IN  STREETS. 


195 


Section. 

81.    Gates  or  doors  not  to  swing 
over  streets,  etc. 

32.  Auction  sales,  restriction  as  to 

holding  on  sidewalks,  etc. 

33.  Ringing  bells,  uttering  boister- 

ous outcry,  etc.,  prohibited 
in  street  without  license. 
84.  Privy  vaults  and  cesspools, 
restrictions  as  to  carry- 
ing contents  of  through 
streets. 

36.  Restrictions  as  to  congregating 

to  the  obstruction  of  side- 
walks, etc. 
8<J.  No  person  to  obstruct  steps  or 
passages  of  churches,  etc., 
by  standing  thereon.  Per- 
sons so  obstructing  to  move 
on  when  ordered, 

37.  Ball  playing,  kite  and  balloon 

flying,  and  missile  throwing 
in  streets  prohibited. 

38.  Missiles,     projecting    by    air 

pipes,  in  or  into  streets,  etc., 
prohibited. 

39.  Coursing,    coasting,    etc.,    on 

any  sidewalk  forbidden. 
Coasting,     etc.,     in     certain 
streets  prohibited. 

40.  Wheeled  vehicles,  restrictions 

as  to  use  of  in  streets,  named 
in  section  39.  Bicycles,  tri- 
cycles and  automobiles  ex- 
cepted in  certain  cases. 

41.  Snow  to  be  removed  from  side- 

walks. 


Section. 

42.  Snow,  collected  by  drifting, 
etc.,  to  be  removed  from 
sidewalks. 

Ice,  encumbering  sidewalks, 
to  be  removed  or  covered 
with  sand. 

Water  from  eaves  or  leader 
pipes  not  to  be  discharged 
upon  street  or  sidewalk. 
Water  from  washing  win- 
dows or  walls  not  to  be  dis- 
charged on  street  within  cer- 
tain hours. 

No  person  to  sprinkle  streets 
with  wagon  or  cart  without 
license ;  mayor  and  aldermen 
may  issue  such  licenses ; 
revocable. 

Coverings  in  sidewalks  to  be 
licensed.    Bond  to  be  given. 

Conditions  under  which  cov- 
verings  may  be  maintained; 
revocation  of  license. 

Children  under  16  not  to  loiter, 
etc.,  on  streets,  etc.,  after 
9.30  P.  M.,  ezcept. 

Alarm  to  be  sounded  at  9.30 
P.M. 

Penalty  for  violation  of  sect. 
48,  and  powers  of  police 
thereunder. 

Penalty  for  violations  of  pro- 
visions of  this  chapter. 

Limitation  of  prosecutions. 

City  marshal,  etc.,  to  enforce 
provisions  of  this  chapter. 


43. 


44. 


45 


46. 


47. 


48. 


49. 


license. 


Section  1.  No  person,  except  the  superintendent  streets,  etc.,  notito 
of  streets,  in  the  performance  of  his  duties,  shall  break  smJctld  withou't 
or  dig  up  the  pavement  or  ground  in  any  public  street, 
or  any  sidewalk  or  ground  in  any  public  street,  or  any 
sidewalk  or  common  in  the  city,  or  erect  any  staging 
for  building  thereon,  or  place  any  materials  or  rubbish 
thereon,  without  first  obtaining  from  the  board  of 
supervisors  of  highways  and  bridges  a  written  license 
stating  the  space  in  the  street  or  other  public  place 
that  may  be  occupied,  and  the  time  allowed  for  such 
occupancy,  and  such  other  provisions  as  they  may 
deem  best,  and  filing  with  the  city  clerk  a  written 
agreement  under  seal,  approved  by  said  supervisors, 
to  comply  strictly  with  the  terms  of  the  license  and 
indemnify  the  city  from  all  loss,  cost,  or  expense  that 
it  may  suffer  by  reason  of  such  occupancy.  And  all 
persons  or  corporations  shall,  on  or  before  May  first 
of  each  year,  file  a  statement  with  the  superintendent 
of  streets  showing  the  work  proposed  to  be  done  by 
them  during  the  ensuing  year. 


statement  to  be 
filed  annually 
showing  work  pro- 
posed to  be  done. 


196 


REVISED    ORDINANCES. 


Streets  to  be  after 
ward  repaired. 


Awnings  over 
streets  and  side- 
walks not  to  be 


i!!^edu''^u?or'oi^'  Sect.  2.  Whenever  any  street,  lane,  alley,  orside- 
or'Ses  and  "*^''  "^^1^  OF  otlier  pubHc  place  in  the  city,  shall,  under  any 
u^  an.i  ke*)\  ''* ''"'  Hcense  granted  as  provided  in  the  preceding  section, 
around  the  places  be  duor   UD,    obstructed,    encumbered,    or   otherwise 

obstructed.  *=»         '^^  -  .  .  ^ 

thereby  rendered  unsafe  or  inconvenient  for  travel, 
the  person  so  licensed  shall  put,  and  at  all  times  keep 
up,  a  suitable  railing  or  fence  around  the  section  of 
the  street,  lane,  alley,  or  other  public  place  so  ob- 
structed, so  long  as  the  same  shall  be  or  remain  unsafe 
or  inconvenient  as  aforesaid,  and  shall  also  keep  one 
or  more  lighted  lanterns  fixed  to  such  fence  or  fixed  in 
some  other  proper  manner,  every  night  from  twilight 
in  the  evening  through  the  whole  night,  so  long  as 
such  railing  or  fence  shall  be  kept  standing  or  obstruc- 
tion remain.  He  shall  also  within  such  reasonable 
time  as  the  board  of  supervisors  of  highways  and 
bridges  shall  direct,  amend  and  repair  such  street, 
lane,  or  alley,  sidewalk,  or  public  place,  to  the  accept- 
ance of  the  superintendent  of  streets. 

Sect.  3.  No  person  shall  place  or  maintain  any 
awning  or  shade  over  any  part  of  any  street  or  side- 
S^ln*t^tlbovr*  walk,  unless  the  same  be  safely  and  securely  fastened, 
sidewalk,  etc. ;  ^jj^j  gQ  located  and  constructed  as  in  no  wise  to  incom- 
mode passengers,  the  lowest  part  thereof  to  be  at  least 
seven  feet  above  the  sidewalk,  and  in  no  case  to  extend 
nor  without  per-  beyoud  the  line  thereof.  No  such  awning  or  shade 
Tndlme°l^r^  shall  be  placed  or  maintained  without  written  permis- 
permission  revo-  s^on  from  the  mayor  and  aldermen,  which  permission 
•*'*'«•  shall    be    revocable,    and   any   person    having   such 

permission,  so  placing  or  maintaining  the  same,  shall 
in  all  respects  conform  to  any  direction  in  relation  to 
the  location,  extent,  materials,  construction,  and 
maintenance  thereof  which  shall  be  given  by  the 
mayor  and  aldermen. 
Signs  flags,  mer-  Sect.  4.  No  persou  shall  suspend  or  display,  or 
to  belulj.lnded"*'' cause  to  be  suspended  or  displayed,  any  sign,  flag, 
article  of  merchandise  or  any  other  thing  over  any 
sidewalk  or  street  in  the  city,  unless  the  lowest  part 
thereof  be  at  least  eight  feet  above  the  sidewalk  or 
street,  and  no  such  sign,  flag,  article  of  merchandise 
or  other  thing  shall  be  so  suspended  or  maintained,  or 
displayed  or  maintained  on  any  street  or  sidewalk 
without  written  permission  .from  the  mayor  and  alder- 
men, which  permission  shall  be  revocable,  and  any 
person  having  such  permission  and  so  suspending  or 
displaying  the  same,  shall  in  all  respects  conform  to 


over  sidewalks  or 
streets,  unless, 
etc.: 


nor  without  per- 
mission of  the 
mayor,  etc. ; 

permission  revo- 
cable. 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS. 


197 


any  directions  in  relation  to  the  location,  extent,  con- 
struction and  maintenance  thereof  which  shall  be 
given  by  the  mayor  and  aldermen. 

Sect.  5.  No  person  shall  put  or  place,  or  cause  to 
be  put  or  placed,  in  any  street,  lane,  or  alley,  or  other 
public  place  in  the  city,  any  house  dirt,  ashes,  filth, 
shells,  or  other  kind  of  rubbish,  or  distribute  or  cause 
to  be  distributed,  or  throw  or  cause  to  be  thrown,  any 
handbills,  circulars,  pamphlets,  advertisements,  or 
other  papers  except  newspapers  to  purchasers  thereof. 

Sect.  (5.  No  person  shall  put,  place  or  throw,  or 
cause  to  be  put,  placed  or  thrown,  in  any  street,  lane 
or  alley,  or  other  public  place  in  the  city,  any  nails, 
tacks,  broken  glass  or  other  articles  or  substances 
which  may  in  any  way  be  liable  to  puncture  the  tire 
of  any  vehicle,  or  which  may  in  any  way  impede  or 
obstruct  the  passage  of  any  vehicle  over  said  street, 
lane,  alley  or  place. 

Sect.  7.  No  person  shall  suffer  his  firewood,  coal, 
or  other  fuel  to  remain  unnecessarily  on  any  sidewalk, 
or  in  any  street,  lane,  or  alley  in  the  principally  in- 
habited parts  of  the  city,  over  night  or  after  twilight 
in  the  evening,  and  in  case  it  must  of  necessity  so  re- 
main after  twilight  or  through  the  night,  the  said 
owner  shall  place  and  keep  a  sufficient  light  over  or 
near  the  same  through  the  night,  to  prevent  injury 
therefrom. 

Sect.  8.  No  person  shall  permit  any  sheep,  goat, 
swine,  mule,  ass,  horse,  or  neat  cattle  belonging  to  him 
or  under  his  control,  to  go  at  large  or  depasture  in  any 
street,  lane,  or  alley,  or  on  any  common  in  the  city. 

Sect.  9.  No  person  shall  drive  any  horse  or  horses 
in  any  street,  lane,  or  highway  in  the  city,  at  a  rate  of 
speed  exceeding  eight  miles  per  hour,  except  at  such 
times  and  places  as  the  supervisors  of  highways  and 
bridges  may  direct,  said  supervisors  to  notify  the  police 
department  of  the  time  and  place  selected,  nor  in  such 
manner  as  to  endanger  or  unreasonably  incommode 
any  person  passing  therein. 

Sect.  10.  No  owner,  driver,  or  other  person  hav- 
ing charge  or  control  of  any  vehicle  used  for  the 
purpose  of  conveying  from  place  to  place  within  said 
city,  for  hire,  any  wood,  coal,  lumber,  stone,  brick, 
sand,  gravel,  clay,  dirt,  rubbish,  goods,  wares,  furni- 
ture, or  merchandise,  shall  stand  or  wait  with  any 
such  vehicle,  for  orders  or  employment,  or  permit  any 


House  dirt,  etc., 
not  to  be  placed  in 
BtreetH ;  handbills, 
etc  ,  not  to  be 
distributed  in 
streets,  except. 


Articles  liable  to 
puncture  tires  or 
impede  vehicles 
not  to  be  in 
streets. 


Firewood,  etc., 
not  to  remain  on 
sidewalk  over 
night,  etc.; 


if  necessarily  left, 
light  to  be  kept. 


Certain  animals 
not  to  be  at  large 
or  depastured  in 
streets,  etc. 


Drivinfrin  streets, 
restrictions  as  to ; 


exceptions. 


Vehicles  for  con- 
veyance of  articles 
for  hire,  not  to 
stand  for  orders 
in  streets,  etc., 
except  in  places 
assigned  t)y  mayor 
and  aldermen. 


198  REVISED    ORDINANCES. 

such  vehicle,  so  under  his  charge  or  control,  to  stand 
for  orders  in  any  street,  square,  lane,  court,  or  public 
way  or  public  place  within  said  city,  other  than  such 
stands  as  may  be  assigned  by  the  mayor  and  aldermen. 
Mayor  and  alder-  And  the  mayor  and  aldermen  may  from  time  to  time 

men  may  license  ,   , .  ,  v  i  i     j. 

and  assign  sunds  grant  liccnses  to  such  pcrsous  and  upon  such  terms  as 
they  may  deem  proper,  to  employ  or  use  any  such 
vehicle,  for  the  purpose  aforesaid,  and  may  designate 
places  within  the  city  as  public  stands  for  such  vehi- 
cles to  occupy  while  awaiting  orders  or  employment. 
Licenae  reyocabie.  Whoever  being  so  licensed  wantonly  violates  the  pro- 
visions of  this  section  shall  in  addition  to  the  penalty 
hereinafter,  in  this  chapter,  provided,  have  his  license 
forthwith  revoked  by  said  mayor  and  aldermen. 
Vehicles  for  con-         Sect.  11.     No  owner  or  driver  or  othcr  pcrsou  hav- 
for  hjre, notuf°°" ing  the  charge  or  control  of  any  vehicle  licensed  for 
streets  °e'tc.'  ex"  °  the  couveyanco  of  persons,  for  hire,  shall  permit  such 
assign'ei'.'^*'^*       Vehicle  to  stand  or  wait,  except  when  waiting  for  the 
return  of  a  passenger  temporarily  absent,  on  any  part 
of  any  street,  square,  lane,  court,  or  public  way  or 
public  place,  within   said  city,  other  than  the  stand 
which  may  be  assigned  therefor  under  the  provisions 
citv  marshal  shall  of  this  sectiou.     The  city  marshal  shall  from  time  to 
suc^vehicles;  °^   time  assigu  to  the  owners  or  persons  having  the  charge 
or  control  of  such  licensed  vehicles  stands  in  such 
streets  or  public  places  as  he  may  select,  for  the  occu- 
pation of  such  vehicles  while  awaiting  hire  ;  and  any 
person  violating  the  provisions  of  this  section,  shall,  in 
addition  to  the  penalty  hereinafter  in  this  chapter  pro- 
license  revocable,  vidcd,  have  his   license    forthwith    revoked   by  the 

mayor  and  aldermen. 
Vehicles  used  for  Sect.  12.  No  persou  shall  staud  with  any  wagon, 
where  nmynot?**^"  cart,  or  othcr  vehicle,  for  the  purpose  of  selling  goods, 
sund.^*'^^  ™*^  wares,  merchandise,  or  produce  therefrom  upon  Main 
street  between  Central  street  and  Carew  street,  or 
within  five  hundred  feet  of  said  Main  street  upon  any 
street  leading  therefrom  between  said  Central  street 
and  Carew  street.  Provided,  however,  that  any  per- 
son may  stand  with  such  cart,  wagon,  or  other  vehicle 
loaded  with  fruit,  provisions,  wood,  hay,  or  straw,  for 
such  purpose  on  the  southerly  side  of  Court  street,  the 
northerly  side  of  Elm  street,  and  the  easterly  side  of 
the  street  west  of  Court  square,  as  said  square  existed 
prior  to  the  extension  thereof  to  Water  street,  in  such 
order  and  in  such  manner  as  the  city  marshal  or  as- 
sistant marshal  may   direct  j  and,  provided  further, 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS.  199 

that  no  person  shall  stand  in  said  streets,  with  any  with  wood,  \>er- 

such  cart,  wagon,  or  other  vehicle  loaded  with  wood  must  have'^ertif- 

f or  the  sale  thereof,  without  first  having  procured  a  *'****  **"*"'  '^* 
certificate  from  a  competent  measurer  of  wood  and 
bark,  of  the  quantity  of  his  load. 

Sect.  13.     No  person  shall  drive,  wheel,  draw,  or  vehicles  not  to  be 

push  any  cart,  wheelbarrow,  or  other  vehicle  of  bur-  walks,  etc.,  except 

1  i.      1  1  •  1  11      •       J.1         children's  hand 

den  or  of  pleasure,  upon  or  along  any  sidewalk  in  the  carriage* 
city,  except  for  the  purpose  of  crossing  such  sidewalk 
to  go  to  or  out  of  some  adjoining  inclosure  ;  provided, 
this  section  shall    not  apply  to   children's  carriages 
drawn  by  hand. 

Sect.  14.     No  person  shall  stand  with  or  permit  any  Teams  not  to  ou- 

j.  j-L-  X1J.J.J  Struct  by  standing 

team  under  his  care  or  control  to  stand  across  any  across  streets, 
public  highway  or  street  in  such  a  manner  as  to  ob-  cross^waiksTnorto 
struct  the  travel  over  the  same,  and  no  person  shall  wa^!"*  ^^°^ 
stop  with  any  team  in  any  public  street  at  the  side  of 
or  so  near  to  another  team  as  to  obstruct  public  travel, 
and  no  person  shall  stop  with  any  team  or  carriage 
upon  or  across  any  crosswalk  in  any  street  or  high- 
way in  the  city. 

Sect.  15.    No  person  shall  permit  any  goat,  sheep,  cattie  not  to  be 

1  ,  1  1   •  J  allowed  to  go  on 

swme,  horse,  mule,  ox,  or  cow,  under  his  care,  to  go  sidewalks,  except 
upon  any  sidewalk  in  the  city,  except  for  the  purpose      ^^^*^' 
of  crossing  such  sidewalk  to  go  to  or  from  some  ad- 
joining inclosure. 

Sect.   16.    No  person  shall  place  or  cause  to  be  sidewalks,  etc., 
placed  in  or  on  any  public  way  or  street,  or  on  any  Structed!  ** 
sidewalk,  or  footwalk,  or  crosswalk  in  the  city,  any 
article  or  thing  whatsoever,  so  as  to  interfere  with 
the  convenient  use  of  the  same  by  any  person  travel- 
ing thereon. 

Sect.  17.     No  person  shall  mcJve  or  cause  to  be  Buildings  not  to 
moved  any  building  through  any  public  street  in  the  ^r^^s^'withou"^^ 
city,  without  first  obtaining  from  the  supervisors  of  "u^^iso?" 
highways  and  bridges  a  written  license  therefor,  stat- 
ing the  streets  through  which,  and  the  time  within 
which,  the  building  may    be   moved,  and  any  other 
provisions  they  may  deem  best,  and  filing  with  the  and  aiing  agree- 
city  clerk  a  written  agreement  under  seal,  approved  wfth*iicen*sean^ 
by  said  supervisors,  to  comply  with  the  terms  of  the  it^®"""'^^  *'"^' 
license  and  indemnify  the  city  for  all  loss,  cost,  or  ex- 
pense it  may  suffer  by  reason  of  the  moving  of  such 
building. 

Sect.  18.    No  person  shall  throw  or  put,  or  cause  to  snow  and  ice  not 
be  thrown  or  put,  any  snow  or  ice  into  any  street,  lane,  ^  ^  thrown  into 


200 


REVISED    ORDINANCES. 


streets  unless 
broken  up,  etc. 


Wood  sawine  or 
piling  on  Hi(le- 
wallt  proliibited. 


Gaming  tables, 
etc.,  and  gaming 
in  streets  pro- 
hibited. 


Booths,  etc.,  for 
sale  of  anything  in 
streets  prohibited. 


Firearms  not  to  be 
discharged  in 
streets,  etc., 
except. 


Fireworks,  bon- 
fires, etc.,  setting 
tire  to  without 
license,  pro- 
hibited. 


Fences,  guide- 
posts,  signboards, 
awnings,  etc.,  not 
to  be  defaced,  or 
placarded. 


City  lamps  not  to 
be  lighted  or 
extinguislied 
without  i>ermi8- 
slon. 


Trees  not  to  be 
cut  down,  etc., 
without  |>ermi8- 
sion; 


animals  not  to  be 
fastened  to. 


or  alley  in  the  city,  unless  the  same  shall  be  broken  up 
and  spread  evenly  over  the  surface  of  such  street, 
lane,  or  alley. 

Sect.  v.).  No  person  shall  saw  any  wood  or  pile  the 
same  on  the  sidewalk  of  any  street  or  way  in  the 
city. 

Sect.  20.  No  person  shall  expose  in  or  upon  any 
street,  lane,  alley,  public  place,  or  common  in  the  city, 
any  table  or  device  of  any  kind,  by  or  upon  which  any 
game  of  hazard  or  chance  can  be  played ;  nor  shall 
any  person  play  any  such  game  at  such  table  or  de- 
vice, in  or  upon  any  stneet,  lane,  alley,  public  place, 
or  common  in  the  city. 

Sect.  21.  No  person  shall  place,  or  keep  any  table, 
stall,  booth,  or  other  erection,  in  any  street,  lane,  alley, 
or  public  place,  or  on  any  square  or  sidewalk,  in  the 
city,  for  the  sale  of  fruit  or  other  things. 

Sect.  22.  No  person  shall  discharge  any  gun,  pis- 
tol, or  other  firearm,  in  any  of  the  streets,  highways, 
public  squares,  or  commons  in  the  city  ;  provided^  this 
section  shall  not  apply  to  the  use  of  such  weapons  in 
the  lawful  defense  of  the  person,  family,  or  property 
of  anyone,  or  in  the  performance  of  any  duty  required 
by  law,  nor  to  the  firing  of  a  salute  of  cannon  or  artil- 
lery by  permission  of  the  mayor  and  aldermen. 

Sect.  23.  No  person  shall  set  fire  to  any  rocket, 
cracker,  squib,  serpent,  or  other  fireworks,  or  make 
any  bonfire  in  any  street,  lane,  highway,  public  square, 
or  common  in  the  city,  without  a  license  from  the 
mayor  and  aldermen. 

Sect.  24.  No  person  shall  wantonly  mar,  injure, 
deface,  or  destroy  any  fence,  guidepost,  signboard, 
awning,  lamp-post,  lamp,  or  lantern  in  any  street, 
square  or  public  place  in  the  city,  or  affix  any  sign, 
card,  or  other  advertising  matter,  or  attach  any  iron 
ring  to  any  such  lamp-post. 

Sect.  25.  No  person  shall  light  or  extinguish  any 
city  lamp  in  any  street,  square,  or  public  place  in  the 
city,  except  by  permission  of  the  mayor  and  alder- 
men. 

Sect.  26.  No  person  shall  cut  down,  remove,  injure, 
or  destroy  any  fruit,  shade,  or  other  tree,  growing  or 
being  in  any  public  street,  lane,  alley,  common,  or 
other  public  ground  in  the  city,  without  the  permission 
of  the  mayor  and  aldermen.  And  no  person  shall 
fasten  any  horse  or  other  animal  to  any  such  tree. 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS. 


201 


Sect.  27.  No  person  shall  remove  any  street  dirt 
or  manure  from  any  public  street,  lane,  or  alley  in  the 
city,  without  authority  from  the  superintendent  of 
streets. 

Sect.  28.  No  person  shall  loiter  or  behave  himself 
in  a  rude  and  disorderly  manner,  or  use  any  indecent 
or  profane  language  in  any  street,  lane,  alley,  or  other 
public  place  in  the  city. 

Sect.  29.  No  person  shall  swim  or  bathe  in  any 
pond,  stream,  or  river  in  the  city,  divested  of  clothing 
so  as  to  be  indecently  exposed  to  the  view  of  any  per- 
son lawfully  passing  or  being  in  or  upon  any  street, 
lane,  alley,  common,  square,  railroad,  or  other  public 
place  within  the  city. 

Sect.  30.  No  person  shall  allow  any  sink  water  or 
other  impure  water,  to  run  from  any  house,  barn,  or 
lot  occupied  by  him  or  under  his  control,  into  any 
street  or  highway  in  the  city. 

Sect.  31.  No  person  shall  allow  any  gate  or  door 
belonging  to  premises  owned  or  occupied  by  him  or 
under  his  control,  to  swing  on,  over,  or  into  any  street 
or  sidewalk  in  the  city. 

Sect.  32.  No  auctioneer  shall  hold  his  sale  upon 
any  sidewalk  or  other  thoroughfare  in  the  city,  so  as 
to  obstruct  or  prevent  the  free  and  convenient  use  of 
the  same  by  foot  passengers  traveling  thereon. 

Sect.  33.  No  person  shall  ring  or  cause  to  be  rung 
any  bell,  or  use  or  cause  to  be  used  any  horn  or  other 
instrument,  or  utter  any  boisterous  outcry  in  any  street 
in  said  city  to  give  notice  of  any  business  or  calling, 
or  to  call  attention  for  the  purpose  of  making  sale  of 
any  article,  unless  thereto  duly  licensed  by  the  mayor 
and  aldermen. 

Sect.  34.  No  person  or  persons  shall  at  any  time 
whatsoever  carry  into  or  through  any  public  street  of 
the  city,  any  part  of  the  contents  of  any  privy  vault 
or  cesspool,  in  any  cart,  wagon,  or  other  vehicle,  or 
utensil  which  shall  not  be  closely  covered,  water-tight 
and  kept  clean  upon  the  outer  surface. 

Sect.  35.  Three  or  more  persons  shall  not  stand 
together  or  near  each  other  in  any  street,  or  on  any 
foot  walk  or  sidewalk  in  the  city,  so  as  to  obstruct  the 
free  passage  for  foot  passengers,  and  any  person  or 
persons  so  standing  shall  move  on  immediately  after  a 
request  so  to  do,  made  by  the  mayor,  city  marshal,  or 
any  police  officer,  or  watchman. 


Street  <lirt,  etc., 
reHtriction  as  to 
removal  of. 


Disorderly  con- 
duct, indecent  or 
profane  language, 
in  streets  for- 
bidden. 


Indecent  expos- 
ure in  bathing, 
etc.,  prohibited. 


Sink  water,  etc., 
not  to  be  allowed 
to  run  into 
streets,  etc. 


Gates  or  doors 
not  to  swing  over 
streets,  etc. 


Auction  sales, 
restriction  as  to 
holding  on  side- 
walks, etc. 


Ringing  bells, 
uttering  boister- 
ous outcry,  etc., 
prohibited  in 
street  without 
license. 


Privy  vaults  and 
cesspools, 
restrictions  as  to 
carrying  contents 
of  through  streets. 


Persons,  restric- 
tions as  to  con- 
gregating to  the 
obstruction  of 
sidewalks,  etc. 


202 


REVISED   ORDINANCES. 


No  person  to 
obstruct  steps  or 
passages  of 
churches,  etc., 
by  standing 
thereon. 


Persons  so  ob- 
structing, to  move 
on  when  ordered. 


Ball  playing,  kite 
and  balloon  flying, 
and  missile 
throwing  in 
streets,  prohib- 
ited. 


Missiles,  project- 
ing by  air  pipes, 
in  or  into 
streets,  etc.,  pro- 
hibited. 


Coursing,  coast- 
ing, etc.,  on  any 
sidewalk  forbid- 
den. 

Coasting,  etc.,  in 
certain  streets, 
prohibited. 


Wheeled  vehicles, 
restrictions  as  to 
use  of  in  streets 
named  in  sec- 
tion 39. 


Sect.  36.  No  person  shall  be  or  remain  upon  the 
steps  of,  or  other  projection  from,  any  church,  hotel, 
hall,  or  public  building,  nor  in  any  hall,  space,  or  way 
leading  thereto,  so  as  to  incommode  or  obstruct  the 
passage  to  and  from  such  church,  hall,  hotel,  or 
building.  And  every  person  so  being  or  remain- 
ing, when  ordered  by  the  mayor,  city  marshal,  po- 
lice officer,  watchman,  owner,  agent,  or  other  person 
having  charge  of  said  church,  hotel,  hall,  or  other  pub- 
lic building,  shall  immediately  depart  therefrom. 

Sect.  37.  No  person  shall,  within  the  limits  of  any 
street  or  highway  in  the  city,  play  at  any  game  of  ball, 
or  fly  any  kite  or  balloon,  or  throw  any  stone  or  other 
missile,  or  engage  in  any  other  game,  amusement, 
or  exercise  interfering  with  free,  safe,  and  convenient 
use  of  such  street  or  highway  by  any  person  traveling 
or  passing  along  the  same. 

Sect.  38.  No  person  shall  project  by  means  of  any 
air  pipe,  blow  pipe,  air  gun,  pop  gun,  spring  gun,  bow 
gun,  or  cross  bow,  any  missile  or  substance  whatsoever 
in  or  into  any  public  street,  highway,  court,  square, 
park,  avenue,  or  place  within  the  city. 

Sect.  39.  No  person  shall  course,  coast,  or  slide 
upon  any  sled,  board,  or  other  thing,  upon  any  side- 
walk or  footwalk  in  the  city.  No  person  shall  course, 
coast,  or  slide  on  any  sleigh,  sled,  or  any  other  vehicle, 
in,  along,  or  upon  the  streets  and  portions  of  streets 
hereinafter  named,  to  wit :  State  street ;  Maple 
street,  from  State  street  to  Pine  street ;  Chestnut 
street ;  High  street  ;  Union  street  ;  Central  street,  east 
of  Maple  street ;  Mill  street ;  Fort  Pleasant  avenue ; 
Locust  street ;  Belmont  avenue  ;  Pearl  street,  from 
Byers  street  to  Chestnut  street ;  Harrison  avenue ; 
Sharon  street  about  five  hundred  feet  westerly  from 
Chestnut  street ;  and  Worthington  street ;  nor  upon 
portions  of  streets  at  Indian  Orchard,  hereinafter 
named,  to  wit :  Oak  street,  from  Berkshire  street  to 
Main  street ;  Hampden  street,  from  Myrtle  street  to 
Oak  street ;  Worcester  street,  from  Myrtle  street  to 
Oak  street. 

Sect.  40.  No  persons,  except  invalids,  or  lame,  or 
otherwise  disabled  persons,  shall  put  in  motion,  or  use 
in  motion,  any  wheeled  vehicle,  in,  along,  or  upon  any 
of  the  streets,  or  portions  of  streets  designated  in  sec- 
tion thirty-nine  of  this  chapter  unless  such  vehicle 
shall  be  propelled  by  some  beast  attached  thereto,  or 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS.  203 

drawn  or  pushed  by  some  person  on  foot.     This  sec-  Bicycles,  tricycles, 

,      ,,  ijji  e   1  '  1  .•  1  motor  cycles  and 

tion  shall  not  apply  to  the  use  of  bicycles,  tricycles,  autoinoi)iie.s  ex- 
motor  cycles  or  automobiles. 

Sect.  41.    The  tenant,  occupant,  and  in  case  there  snow,  failing:,  to 

'  r  '  be  removed  from 

be  no  tenant  the  owner  or  person  having  the  care  of  sidewalks. 
any  estate  abutting  upon  any  street,  lane,  court,  or 
square  within  the  city,  where  there  is  a  sidewalk  which 
now  is  or  may  hereafter  be  established  or  set  apart  as 
such,  shall,  after  the  ceasing  to  fall  of  any  snow 
thereon,  within  twenty-four  hours  cause  the  same  to 
be  removed  therefrom. 

Sect.  42.     Whenever  any  snow  shall  be  collected  ^°°drifung?S, 
or  deposited  upon  any  sidewalk  mentioned  in  the  pre-  l'^^^^  sidewalks. 
<jeding  section,  either  by  falling  from  some  adjoining 
building  or  by  drifting  upon  said  sidewalk,  the  tenant, 
occupant,  and  in  case  there  be  no  tenant  the  owner  or 
person  having  the  charge  of  the  estate  abutting  upon  • 
said  sidewalk,  shall  within  twenty-four  hours  after  its 
being  so  collected  or  deposited  cause  the  same  to  be 
removed  therefrom. 

Sect.  43.     Whenever  any  sidewalk  mentioned  in  ice  encumbering 
the  forty-first  section  of  this  chapter  shall  be  encum-  removed  or** 
bered  with  ice,  it  shall  be  the  duty  of   the   tenant,  S''''^'''"^ 
occupant  and  in  case  there  be  no  tenant  the  owner  or 
person  having  the  care  of  the  estate  abutting  thereon, 
to  cause  such  sidewalk  to  be  made  safe  and  convenient 
for  travel,  by  removing  the  ice  therefrom,  or  by  cover- 
ing  the    same   with   sand   or    some    other    suitable 
substance,  within  twenty-four  hours  after  such  side- 
walk shall  have  become  so  encumbered. 

Sect.  44.    No  person  shall  permit  water  from  the  water  from  eares 

1       J  •  n  1      -ij'  J  J    or  leader  pipes 

eaves  or  leader  pipes  of  any  building  owned  or  cared  not  to  be  dis- 
for  by  him  to  be  discharged  upon  any  public  street  or  street  or  sid*^ 
sidewalk  in  the  city,  and  no  person,  between  the  hours  ^^^^' 
of  eight  o'clock  in  the  morning  and  ten  o'clock  in  the  water  from  wash- 

1      n  1  n  ,        1  11  •  ing  windows  or 

■evening,  shall  wash  or  allow  to  be  washed  any  win-  waiisnottobe 
dows  or  wall  of  a  building  owned  or  cared  for  by  him  in  street^wlthin'cer- 

i  ,  J.1       J  •       1  a  J.  tain  hours. 

such  a  manner  as  to  cause  the  discharge  of  water  upon 
any  public  sidewalk  or  walk  devoted  to  the  public  use. 

Sect.  45.     No  person  shall  sprinkle  any  of  the  public  no  person  to 
streets  of  the  city  by  the    use    of    street-sprinkling  with  wagon  or 

,  ,  ,   .  ,  1      11    1  cart  without 

wagons  or  carts  unless  he  or  his  employer  shall  have  license; 
first  obtained  a  license  as  hereinafter  provided.    The  mayor  and  aider- 
mayor  and  aldermen  shall  issue  such  licenses  to  such  SuchUcen^T 
parties  and  on  such  terms  and  conditions  as  they  may 
•deem  proper,  and  a  record  shall  be  kept  of  all  licenses 


204 


REVISED   ORDINANCES. 


revocable. 


Coverings  in 
sidewall(8  to  l>e 
licensed. 


Bond  to  be  given. 


Conditions  under 
which  coverings 
may  be  main- 
tained. 


Revocation  of 
license. 


Children  under  16 
not  to  loiter,  etc., 
on  streets,  etc., 
after  9.30  P.  M., 
except— 


Alarm  to  be 
sounded  at  9.30 
P.M. 


Penalty  for  vio- 
lation of  seot.  48, 


SO  issued.  Such  licenses  may  be  revoked  at  any  time, 
and  if  not  revoked  shall  expire  on  the  first  day  of  April 
following  their  date. 

Sect.  40.  No  person  or  corporation  shall  place  or 
maintain  in  the  sidewalk  of  any  public  street  in  the 
city  any  covering  made  of  metal  or  the  combination 
of  metal  and  any  other  material,  without  first  having 
been  authorized  so  to  do  by  a  written  license  from  the 
supervisors  of  highways  and  bridges,  which  license 
shall  not  be  valid  until  recorded  by  the  city  clerk  in  a 
book  to  to  be  kept  for  the  purpose  ;  and  no  such  license 
shall  be  given  except  on  condition  that  the  licensee 
give  to  the  city  a  bond,  to  be  approved  by  the  mayor, 
conditioned  to  protect  said  city  from  loss  by  reason  of 
any  injuries  any  party  may  suffer  from  the  breaking 
of  such  covering  or  the  slipping  or  falling  thereon  by 
any  traveler  in  the  street. 

Sect.  47.  Said  board  shall  not  authorize  the  plac- 
ing or  maintaining  in  said  sidewalks  of  any  such 
covering  except  upon  the  express  condition  to  be  stated 
in  said  license,  that  the  same  shall  be  so  constructed 
as  not  to  present  a  smooth  surface  on  which  travelers 
may  slip,  or  a  surface  so  rough  as  to  be  an  obstruction 
to  public  travel.  Any  license  granted  by  said  board 
may  be  revoked  at  any  time  by  a  written  revocation 
to  be  filed  with  said  clerk,  who  shall  note  the  filing 
thereof  on  the  recorded  copy  of  the  license,  and  each 
license  shall  state  that  it  is  subject  to  such  revocation. 

Sect.  48.  No  child  under  sixteen  years  of  age, 
shall  be,  loiter,  or  remain  upon  any  street,  highway, 
park  or  other  public  way  or  place,  in  the  city,  after 
the  hour  of  nine  thirty  o'clock  in  the  afternoon  of  any 
day,  unless  accompanied  by  or  under  the  control  or 
care  of  a  parent,  guardian,  or  other  adult  person  ;  or 
unless  in  some  employment,  or  in  the  performance  of 
some  duty  directed  in  writing  by  said  parent,  guard- 
ian, or  other  adult  person  ;  and  no  such  child,  while  in 
such  employment  or  performance  of  such  duty,  shall 
loiter  upon  any  such  street,  highway,  park  or  other 
public  way  or  place. 

The  chief  engineer  of  the  fire  department  shall 
cause  three  blows  to  be  sounded  on  the  fire  alarm  sig- 
nals at  nine  thirty  o'clock  each  evening. 

Sect.  49.  Any  person  violating  any  of  the  provi- 
sions of  section  forty-eight  shall  be  liable  to  a  penalty 
not  exceeding  five  dollars  for  each  ofifense. 


PREVENTION  OF  INJURIOUS  PRACTICES  IN  STREETS.  205 

In  enforcing  section  forty-eight,    a   police   officer  and  powers  of 
may,  in  his  discretion,  warn  and  send  home  any  child  '**'"''^  thereunder, 
who  for  the  first  time  violates  the  provisions  of  said 
section,  and  notice   thereof  shall  be  sent  the  parent, 
guardian  or  other  person  having  the  care  of  such  child. 

Sect.  50.     Except  as  provided  in  the  preceding  sec-  penalty  for  viola- 
tion, whoever  shall  offend  against    or  fail  to  comply  ofTws  c'taaptlr?"* 
with  any  of  the  provisions  of  this  chapter,   shall  for 
each  and  every  offense  forfeit  and  pay  a  penalty  of  not 
less  than  two  nor  more  than  twenty  dollars. 

Sect.  51.    No  person  shall  be  prosecuted  for  any  Limitation  of 
offense  against  any  of  the  provisions  of  this  chapter,  p'"^*^""""*- 
unless  complaint  for  the  same  shall  be  instituted  and 
commenced  within  six  months  from  the  time  of  com- 
mitting such  offense. 

Sect.  52.     The  city  marshal,  assistant  marshal,  and  city  marshal,  etc., 
all  police  officers  and  watchmen  are  especially  charged  v^stons'of  t^*^" 
to  see  that  the  provisions  of  this  chapter  are  enforced.  °^^^^^- 


206 


REVISED   ORDINANCES. 


CHAPTER  38. 

PROTECTION  AGAINST  SNOW-SLIDES. 


Section. 


Protections 
against  snow- 
Budes,  board  of 
supervisors  to 
cause  to  be 
erected. 


Board  may  pre- 
pare order  for 
such  protection ; 


if  order  is 
adopted  to  give 
notice  thereof. 


Notice  to  contain 
copy  of  order ; 
bow  served  upon 
owner,  etc.; 


owners  to  obey 
order. 


Supervisors  to 
execute  order,  if 


Protections  against  snow-slides, 
board  of  supervisors  to  cause 
to  be  erected. 

Board  may  prepare  order  for 
such  protection ;  if  order  is 
adopted  to  give  notice  there- 
of. Notice  to  contain  copy  of 
order;  how  served,  upon 
owner,  etc.  ;  owners  to  obey 
order. 

Supervisors  to  execute  order,  if 
owner,  etc.,  neglects. 


Section. 


6. 


Snow  encumbering  roofs,  en- 
dangering travel,  to  be  re- 
moved by  owners,  etc. ; 
supervisors  may  remove 
twenty-four  hours  after  snow- 
storm, at  owner's  expense. 

Account  of  exi)ense8,  to  be  kept 
by  supervisors ;  and  to  be 
collected  as  provided  in 
chapter  4. 

Penalty  for  violation  of  provi- 
sions of  section  2. 


Section  1.  The  board  of  supervisors  of  highways, 
in  addition  to  the  duties  heretofore  devolving  upon 
them,  are  hereby  authorized  and  empowered  to  cause 
to  be  erected  such  balustrades  or  other  protections 
(for  security  against  snow-slides)  upon  the  roofs  of  all 
buildings  now  standing,  or  that  may  hereafter  be 
erected  within  the  city  of  Springfield,  as  in  their  judg- 
ment the  public  safety  requires. 

Sect.  2.  Whenever  in  the  judgment  of  said  board 
the  public  safety  requires  the  erection  of  such  balus- 
trade or  other  protection  upon  the  roof  of  any  build- 
ing then  standing  or  in  process  of  erection  in  said  city, 
they  shall  prepare  an  order  calling  for  such  an  erection 
as  they  may  deem  sufficient  and  proper,  and  if  said 
order  shall  be  adopted  by  the  city  council,  said  board 
shall  then  give  notice  thereof  to  the  owner  of  such 
building  or  buildings  or  authorized  agent  of  such 
owner,  if  either  reside  in  the  city,  and  if  not,  then  a 
copy  of  such  notice  shall  be  posted  on  the  premises. 
Such  notice  shall  contain  a  copy  of  such  order,  and 
shall  be  served,  returned,  filed,  and  preserved  in  the 
same  manner  as  is  provided  for'the  service  of  notices 
in  the  fourteenth  section  of  chapter  thirty-four,  and 
the  owner  or  owners  of  such  buildings  shall  imme- 
diately cause  such  erections  to  be  made  as  are  called 
for  by  the  order,  and  to  the  acceptance  of  said  board. 

Sect.  3.  If  such  order  shall  not  be  complied  with 
to  the  acceptance  of  said  board  within  the  time  that 


PROTECTION  AGAINST  SNOW-SLIDES.  207 

shall  be  therein  limited,  said  supervisors  shall  proceed  owner,  etc.,  neg- 
immediately  to  cause  such  erections  to  be  constructed 
or  completed  as  are  called  for  by  the  order. 

Sect.  4.     Every  occupant  of  a  building,  and  every  snow  encumber- 

-  •     1  1      '1  f  j_         !•  Inc  roofs,  endan- 

owner  of  an  unoccupied  buildmg  standing  upon  or  so  gering  travel,  to 
near  the  line  of  a  street  that  snow-slides  from  the  roof  owne™?etc.';  ^ 
may  endanger  public  travel,  shall,  within  a  reasonable 
time  after  the  termination  or  abatement  of  a  snow- 
storm, cause  the  snow  to  be  removed  from  the  roof 
thereof,  in  such  manner  as  will  not  endanger  travelers. 
And  whenever  any  building  so  situated,  shall,  for  the  supervisors  may 
space  of  twenty-four  hours  after  the  termination  or  four  hours  after 
abatement  of  a  snowstorm,  be  encumbered  with  snow  owner's  expense, 
upon  the  roof,  which,  in  the  judgment  of  said  super- 
visors, endangers  public  safety,  said  board  may  cause 
it  to  be  removed  at  the  expense  of  such  occupant  or 
owner. 

Sect.  5.     It  shall  be  the  dutv  of  said  board  to  keep  Account  of 

./.,,,,"  .  1   .       expenses,  to  be 

an  accurate  account  of  all  the  expenses  incurred  in  kept  by  super- 

visors ' 

carrying  into  effect  any  of  the  provisions  of  this  chap- 
ter and  report  the  same  without  delay  to  the  city  au- 
ditor with  the  names  of  the  persons  from  whom  the 
same  are  due  and  the  amount  due  from  each  person,  ^^^  ^^  ^^  collected 
and  the  same  shall  be  collected  as  provided  in  chapter  ^Pp°4^'^®^  *° 
four. 

Sect.  6.     Any  person  who  shall  offend  against  or  penalty  for 
fail  to  comply  with  the  provisions  of  section  second  of  vlsions'of'sectkin 
this  chapter  shall  pay  a  penalty  of  not  less  than  ten 
nor  more  than  twenty  dollars,  which  shall  inure  to  the 
use  of  the  city  and  be  turned  over  to  the  city  treasurer. 


second. 


208 


REVISED    ORDINANCES. 


CHAPTER   39. 
TRANSPORTATION  OF  EXPLOSIVES. 


Transportation 
of  explosives 
through  streets 
regulated. 


Penalty. 


Section. 

1.    Transportation    of    explosives 
through  streets  regulated. 


Section. 
2.    Penalty. 


Section  1.  No  person  shall  transport  through  any 
street  or  way  within  the  city  of  Springfield,  gunpow- 
der in  quantities  of  twenty-five  pounds  or  over,  nitro- 
glycerine, dynamite,  guncotton,  or  any  other  fulmi- 
nate or  substance  which  is  intended  to  be  used  by 
exploding  or  igniting  it,  unless  permission  shall  have 
been  obtained  from  the  city  marshal,  who  shall  pre- 
scribe the  manner  and  method  of  such  transportation. 

Sect.  2.  Any  person  violating  the  provisions  of 
this  chapter  shall  be  punished  by  a  fine  not  exceeding 
fifty  dollars  for  each  offense. 


DOGS. 


209 


CHAPTER  40. 
DOGS. 


Section.  Sectton. 

1.  Metallic  ta^  to  be  attached  to  and  notice,   dog   to   be  re- 

collars  of  dogs.    Description  moved  or  destroyed, 

of  tag.  3.     Penalty  ;  proviso. 

2.  On  complaint  to  city  marshal 

Section  1.  The  owner  or  keeper  of  any  dog  owned 
or  kept  within  the  city  of  Springfield  shall,   except 

*^         ,  Z  f  .11.  Metallic  tags  to  be 

where  such  owner  or  keeper  has  a  special  license  to  attached  to 

keep  dogs  for  breeding  purposes,  attach  to  the  collar  ^°    "  °    °^  ' 

of  such  dog  a  metallic  tag,  to  be  worn  on  the  collar  and 

to  be  furnished  by  the  city  clerk  without  charge,  when 

the  license  is  issued  for  such  dog.     Such  tag  shall  have 

upon  it  the  word  ''  Springfield,  "  and  the  year  in  which 

the  license  is,  issued,  together  with  the  number  of  the  tag.^"** 

license  as  registered  for  that  year. 

Sect.  2.  On  complaint  being  made  to  the  city  mar- 
shal, that  any  dog  owned  or  kept  within  the  city,  by 

1        1   .  1  .,.  1  T  •  ,1  "      On  complaint  to 

barking,  biting,  howling,  or  in  any  other  way  or  man-  city  marshal  and 
ner  disturbs  or  has  disturbed  the  quiet  of  any  person  Removed  ^  ^°  ^^ 
or  persons  within  the  city,  the  marshal  shall  give  no-  **®»""''y®**- 
tice  thereof  to  the  person  owning  or  keeping  such  dog, 
and  such  owner  or  keeper  shall  thereupon  cause  such 
dog  to  be  forthwith  removed  and  kept  beyond   the 
limits  of  the  city  or  destroyed. 

Sect.  3.  Any  owner  or  keeper  of  a  dog  who  shall 
fail  to  comply  with  the  provisions  of  the  preceding 
sections  shall  forfeit  and  pay  a  penalty  of  not  more 
than  ten  dollars,  provided  that  the  court  before  which 
the  complaints  shall  be  tried  shall  be  satisfied  that  the 
tag  required  by  section  one  had  not  been  attached  to 
the  collar  as  provided  by  said  section,  or  that  the  dog 
complained  of  had  in  the  manner  described  in  section 
two  disturbed  any  person  or  persons. 


Penalty; 


proviso. 


210 


REVISED   ORDINANCES. 


CHAPTER   41. 
PAWNBROKERS. 


Section. 

1.    Pawnbrokers  to  be  licensed. 


Section. 

2.  Not   to   receive   articles   from 

minors. 

3.  Penalty. 


Pawnbrokers  to  be 
licensed. 


Not  to  receive 
articles  from 
minors. 


Penalty. 


Section  1.  No  person  shall  carry  on  the  business 
of  a  pawnbroker  in  this  city  unless  he  is  duly  licensed 
therefor  by  the  mayor  and  aldermen,  pursuant  to  the 
provisions  of  chapter  one  hundred  and  two  of  the 
Revised  Laws. 

Sect.  2.  No  pawnbroker  shall,  directly  or  indi- 
rectly, receive  any  article  in  pawn  of  any  minor  or 
apprentice,  knowing  or  having  reason  to  believe  him 
to  be  such. 

Sect.  3.  Whoever  violates  the  provisions  of  the 
preceding  section,  shall  be  punished  by  a  fine  of  not 
more  than  twenty  dollars  for  each  offense. 


JUNK  DEALERS.  211 


CHAPTER  42. 
DEALERS  IN  JUNK  AND  SECOND-HAND  ARTICLES. 


Section.  .  Section. 

1.  Licenses.  7.  Hours  for  transaction  of  bosi- 

2.  Record  book  to  be  kept.  '  ness. 

3.  Powers    of     police     officers.  8.  Licenses    confined   to   places 

Daily  report  to  city  marshal.  |  designated. 

4.  Not  to  deal  with  minors.     Ar-  |  9.  Penalty. 

tides  sold  to  be  traced,  when,  i  10.  Dealers  in  second-hand  books 


6.    Sign. 

6.    Inspection. 


and  furniture  exempt. 
11.    License  to  contain  provisions 
of  this  chapter. 


Section  1.  No  person  shall  be  a  dealer  in  or  keeper  Licenses. 
of  a  shop  for  the  purchase,  sale  or  barter  of  junk,  old 
metals,  or  second-hand  articles  in  this  city,  unless 
he  is  duly  licensed  therefor  by  the  mayor  and  alder- 
men and  shall  exhibit  his  license  when  requested 
so  to  do. 

Sect.  2.  Every  person  dealing  in  said  articles  or  Record  book  to 
keeping  such  a  shop,  shall  keep  a  book  in  which  he  ^®  ^^^*" 
shall  record  in  the  English  language  at  the  time  of 
every  purchase  by  him  of  either  of  the  articles  men- 
tioned in  the  preceding  section  a  description  of  the 
articles  so  purchased,  the  name,  age,  and  residence  of 
the  person  from  whom,  and  the  day  and  hour  when  he 
so  purchased  it.  No  entry  made  in  such  book  shall  be 
erased,  obliterated  or  defaced  and  the  form  of  such 
book  shall  be  prepared  by  the  city  marshal.  Said  book 
shall  at  all  times  be  open  to  the  inspection  of  the  mayor 
and  aldermen,  or  of  any  person  by  them  authorized  to 
make  such  examination. 

Sect.  3.    Any  police  oflficer  may,  when  authorized  powers  of  pouce 
by  the  city  marshal,  enter  the  shop  of  any  such  dealer  in  o***"- 
junk  or  second-hand  articles  and  examine  the  books 
and  property  in  said  shops,  and  all  articles  purchased 
or  held  by  said  dealers  in  junk  or  second-hand  articles 
shall  be  exhibited  to  any  police  officer  whenever  a  de- 
mand shall  be  made  for  such  exhibition.     Every  such  Daj,y  report  to 
licensed  dealer  shall  make  out  and  deliver  to  the  city  cityma"»»ai- 
marshal  every  day  before  the  hour  of  twelve  o'clock, 
noon,  a  legible  list,  containing  an  accurate  description 


212 


REVISED    ORDINANCES. 


Not  to  deal  with 
minors. 


Articles  sold  to  be 
traced,  when. 


Sign, 


Inapection. 


Hours  for 
transaction  of 
business. 


Licenses  con- 
fined to  places 
designated. 


Penalty. 


Dealers  in  second- 
hand books  and 
furniture 
exempt. 

License  to  contain 
provisions  of 
this  chapter. 


of  all  articles  purchased  during  the  preceding  twenty- 
four  hours,  and  the  time  when  such  articles  were 
purchased. 

Sect.  4.  No  keeper  of  such  shop  shall  directly,  or 
indirectly,  either  purchase  or  receive  by  way  of  barter 
or  exchange,  any  of  the  articles  aforesaid  of  any  minor 
or  apprentice,  knowing  or  having  reason  to  believe  him 
to  be  such ;  and  no  article  purchased  by  such  shopkeeper 
shall  be  sold  by  him  until  a  period  of  at  least  one  week 
from  its  purchase  or  receipt  by  him  shall  have  elapsed, 
without  entering  on  his  book  the  name  and  address  of 
the  purchaser,  with  other  facts  suflBcient  to  enable  him 
to  keep  trace  thereof. 

Sect.  5.  Every  keeper  of  such  shop  shall  put,  in 
some  suitable  and  conspicuous  place  on  his  shop,  a 
sign  having  his  name  and  occupation  legibly  inscribed 
thereon  in  large  letters. 

Sect.  G.  Every  such  shop,  and  all  articles  of  mer- 
chandise therein,  may  be  examined  at  any  time  by  the 
mayor  and  aldermen,  or  by  any  person  by  them  au- 
thorized to  make  such  examination. 

Sect.  7.  No  keeper  of  such  shop  shall  have  the 
same  open  for  transaction  of  business,  except  during 
the  time  between  the  rising  of  the  sun  and  nine  o'clock 
of  the  afternoon  of  each  week  day. 

Sect.  8.  All  licenses  granted  under  this  chapter 
shall  designate  the  place  where  the  person  licensed 
may  carry  on  his  business,  and  he  shall  not  engage  in 
or  carry  on  his  business  under  his  license  in  any  other 
place  than  the  one  so  designated. 

Sect.  9.  Any  person  offending  against  any  of  the 
provisions  of  this  chapter  shall  forfeit  a  sum  not  ex- 
ceeding twenty  dollars  for  each  offense. 

Sect.  10.  Persons  who  buy  or  sell  no  second-hand 
articles  except  books  or  furniture  shall  be  exempt  from 
the  provisions  and  conditions  of  section  four. 

Sect.  11.  All  the  provisions  of  this  chapter  shall 
be  incorporated  into  every  license  which  shall  be 
granted  under  it. 


RAG  PICKERS  AND  JUNK  COLLECTORS. 


213 


CHAPTER  43. 

IN    RELATION    TO    LICENSING    RAG    PICKERS    AND   JUNK 
COLLECTORS. 


Section. 

1.  Rag  pickers,  etc.,  must  be  li- 

censed. 

2.  Mayor  and  aldermen  may  grant 

licenses  and  revoke  same. 
Record  to  be  kept  by  city 
marshal. 

3.  When  licenses  shall  expire. 

4.  Licensee  to  display  badge  with 

number. 
6.     Restrictions  as  to  hoars.    Li- 
censee not  to  enter  building 


Section. 

without  permission,  nor  buy 
from  minor,  etc. 

6.  Fee. 

7.  Bags,  etc.,  may  be  examined  by 

marshal.     Information  to  be 
given. 

8.  Rags,  etc.,  to  be  stored  in  fire 

district  only  in  certain  build- 
ings. 

9.  Penalty. 


Section  1.  No  person  shall  go  about  picking  up  or 
collecting  by  purchase  or  otherwise,  rags,  paper,  junk, 
old  metal,  or  other  waste  matter,  in  this  city,  unless  he 
is  duly  licensed  by  the  mayor  and  board  of  aldermen. 

Sect.  2.  The  mayor  and  aldermen  may  grant 
licenses  to  such  persons  and  upon  such  conditions  as 
they  may  deem  expedient,  and  may  revoke  the  same 
at  their  discretion,  and  a  record  of  the  licenses  so 
granted  shall  be  kept  by  the  city  clerk. 

Sect.  3.  All  licenses  so  granted  shall  expire  on  the 
first  day  of  May  next  after  the  date  thereof,  unless 
sooner  revoked. 

Sect.  4.  Every  person  so  licensed  shall  display  con- 
spicuously upon  his  person  and  upon  his  vehicle  if 
using  one,  a  badge  giving  the  number  of  said  license, 
in  plain,  legible  figures  of  a  size  provided  in  said  license. 

Sect.  5.  No  person  licensed  as  above  described 
shall  pursue  said  business  between  the  hours  of  six  at 
night  and  seven  in  the  morning,  nor  upon  the  Lord's 
day.  No  person  so  licensed  shall  enter  any  building 
without  having  first  obtained  the  consent  of  the  owner 
or  tenant,  nor  take  anything  from  any  premises  with- 
out the  consent  of  its  owner ;  nor  buy  anything  from 
any  minor  or  apprentice,  knowing  or  believing  him  to 
be  such. 

Sect.  6.  For  every  license  so  granted  there  shall 
be  paid  to  the  city  treasurer  the  sum  of  three  dollars. 


Rag  pickers,  etc., 
must  be  licensed. 


Mayor  and  alder- 
men may  grant 
licenses  and 
revoke  same. 
Record  to  be 
kept  by  city 
marshal. 


When  licenses 
shall  expire. 


Licensee  to  display 
badge  with 
number. 


Restrictions  as  to 
hours. 


Licensee  not  to 
enter  building 
without  per- 
mission, 


nor  buy  from 
minor,  etc. 


Fee. 


214  REVISED   ORDINANCES. 

Bags,  etc.,  may  Sect.  7.    The  bags,  baskcts,  vehicles,  or  other  con- 

marshal,  etc.        veyance  used  for  carrying  said  matter  by  a  person 
licensed  in  accordance  with  the  provisions  of  this  chap- 
ter may  be  examined  at  any  time  by  the  city  marshal, 
assistant  marshal,  captain  of  the  watch,  or  any  police 
given™*"**"  ^^  officer,  and  any  person  so  licensed  shall  at  all  times 
give  full  information  to  such  officers  concerning  any 
goods  or  articles  which    may  be  in  his  possession. 
Concerning  any  goods  or  articles  on  which  distinguish- 
ing marks  have  been  destroyed  or  obliterated,  or  con- 
cerning any  goods  or  articles  which  may  have  been 
stolen  and  so  changed,  marred,  broken,  or  mutilated 
as  to  prevent  ready  identification,  such  information 
shall  include  an  accurate  statement  as  to  the  party 
from  whom,  the  time  when  and  all  other  circumstances 
under  which  the  same  were  obtained.    The  city  mar- 
shal shall  report  to  the  mayor  and  aldermen  any  failure 
to  obey  the  requirements  of  this  chapter. 
Rags,  etc.,  to  be         Sect.  8.     Rags  and  waste  paper  collected  by  junk 
districtioniv  In      dealers,  junk  collectors,  or  rag  pickers  shall  not  be 
certa  n  u     ngs.  j^-^p^  ^j.  g^ored  withiu  the  limits  of  the  fire  district,  ex- 
cept in  substantial  brick  or  stone  buildings. 
Penalty.  Sect.  9.     Whoever  shall  offend  against  or  fail  to 

comply  with  any  of  the  provisions  of  this  chapter  shall, 
for  every  offense,  forfeit  and  pay  a  penalty  of  not  less 
than  five  nor  more  than  twenty  dollars. 


PROVIDING  FOR  THE  LICENSING  OF  BOOT  BLACKS. 


215 


CHAPTER   44. 

PROVIDING  FOR  THE  LICENSING  OF  BOOT  BLACKS. 


Section. 

1. 

2. 


3. 


Boot  blacks  must  be  licensed. 

City  marshal  may  license.  Mi- 
nor to  apply  by  parent,  etc. 
License  revocable. 

When  license  to  expire.  Li- 
censee must  wear  badge;  to 
pay  cost  of  badge. 


Section. 

4.  Record  of  licenses  to  be  kept  by 
city  marshal. 

6.  Licensee  to  file  consent  of 
owner,  etc.,  adjoining  place 
where  he  intends  to  work. 

6.    Penalty. 


Section  1.  No  person  shall  follow  the  calling  of 
boot  or  shoe  black  in  any  of  the  streets,  alleys,  or  pub- 
lic places,  in  the  city  of  Springfield,  without  first 
having  obtained  a  license  so  to  do. 

Sect.  2.  The  city  marshal  is  authorized,  at  his  dis- 
cretion, to  license  any  person  who  may  apply  to  him 
therefor  to  black  boots  and  shoes  in  the  streets,  alleys, 
and  other  public  places  in  the  city.  Such  application, 
if  by  a  minor,  may  be  made  in  his  behalf  by  parent, 
guardian,  or  next  friend  ;  and  the  city  marshal  shall 
have  the  right  to  revoke,  at  his  pleasure,  any  license 
grafted  as  aforesaid. 

Sect.  .3.  Every  license  granted  under  the  pro- 
visions hereof  shall  expire  on  the  first  day  of  May  after 
the  date  thereof  ;  and  every  person  licensed  as  afore- 
said shall  wear,  while  exercising  his  vocation,  con- 
spicuously on  the  left  breast,  a  metallic  badge  with 
the  words  **Boot  black"  and  the  number  of  his  license 
inscribed  thereon,  the  same  to  be  procured  of  the  city 
marshal,  who  shall  provide  and  deliver  it  upon  pay- 
ment of  the  cost  thereof  when  the  license  is  granted. 

Sect.  4.  It  shall  be  the  duty  of  the  city  marshal  to 
keep  a  record  of  all  licenses  granted  under  this  chap- 
ter in  a  book  provided  for  the  purpose,  giving  the 
number  and  date  of  each  license,  and  the  name,  age 
and  residence  of  the  person  licensed  ;  also  the  date  of 
all  licenses  revoked. 

Sect.  5.  No  person  so  licensed  shall  adopt  or  use 
as  a  regular  place  for  exercising  his  vocation  any  part 
of  the  streets,  alleys,  or  other  public  places  in  the  city, 
without  first  having  filed  with  the  city  marshal  the 


Boot  blacks  most 
be  licensed. 


City  marshal 
may  license. 


Minor  to  apply 
by  parent,  etc. 


License  revoca- 
ble. 


When  license  to 
expire. 

Licensee  must 
wear  badge ; 


to  pay  cost  of 
badge. 


Record  of  licenses 
to  be  kept  by 
city  marshal. 


Licensee  to  file 
consent  of  owner, 
etc.,  adjoining 
place  where  he 
intends  to  work. 


216  REVISED   ORDINANCES. 

consent  in  writing  of  an  owner  or  tenant  of  the  build- 
ing or  premises  adjoining  such  place  where  he  intends 
to  exercise  his  vocation. 
Penalty.  Sect.  6.     Any  person  who  shall  violate  or  fail  to 

comply  with  any  of  the  provisions  of  this  chapter, 
upon  conviction  thereof,  shall  be  subject  to  a  fine  of 
not  less  than  one  dollar  nor  more  than  three  dollars 
for  each  and  every  offense. 


DEALERS  IN  COAL  AND  COKE. 


217 


CHAPTER  45. 

DEALERS  IN  COAL  AND  COKE. 


Section. 

1.  License  for  one  year.    License 

fee. 

2.  Statement  of  weight,    etc.,  to 

be  furnished  with  each  load, 
etc.  Statement  to  be  certi- 
fied by  oflficial  weigher. 

3.  False  statements. 


Section. 

4.  Appointment  of  inspector  of 
coal,  tenure  of  oflBce  and  com- 
pensation ;  qualifications. 

5.  Duties  of  inspector. 

6.  Each  wagon,  etc.,  to  be  num- 
bered, and  the  weight  thereof 
to  be  displayed. 

7.  Penalty. 

Section  l.  Licenses  granted  by  the  secretary  of 
the  Commonwealth  to  dealers  in  coal  and  coke,  under 
and  pursuant  to  chapter  four  hundred  and  eighty-four 
of  the  Acts  of  nineteen  hundred  and  three,  shall  be  for 
the  period  of  one  year,  and  the  license  fee  therefor 
shall  be  one  dollar. 

Sect.  2.  Each  and  every  person,  firm  or  corpora- 
tion engaged  in  or  carrying  on  the  business  of  selling 
coal  or  coke,  at  retail,  in  the  city  of  Springfield,  and 
either  as  principal  or  agent,  shall  deliver  to  the  cus- 
tomer with  each  separate  load,  lot  or  delivery  of  coal, 
a  slip  or  card  of  appropriate  size  and  form  to  be  pre- 
scribed by  the  inspector  of  coal  hereinafter  mentioned, 
upon  which  shall  be  printed  or  written  in  plain  and 
legible  letters  and  figures  a  statement  of  the  weight  of 
each  and  every  load,  lot,  or  separate  delivery  of  coal 
sold  at  retail  within  said  city,  and  the  number  or  other 
specific  description  of  the  wagon,  vehicle  or  other  re- 
ceptacle in  which  coal  shall  be  delivered,  and  the  true 
weight  thereof,  and  the  net  weight  and  the  variety  of 
coal  actually  delivered  therein  to  said  customer.  And 
the  statement  so  made  by  the  dealer  shall  be  sub- 
scribed and  certified  to  by  an  official  weigher  of  coal 
and  coke  as  correct,  and  such  statement  shall  there- 
upon be  delivered  to  the  customer  or  purchaser  with 
every  separate  load,  lot  or  delivery  of  coal. 

Sect.  3.  If  any  such  statement  so  made  and  fur- 
nished by  a  dealer  in  coal  or  coke  as  aforesaid,  or  his 
age^pt,  shall  be  false  or  incorrect,  within  the  knowledge 
of  the  person  making  such  statement,  such  person 
shall  be  punished  as  hereinafter  provided. 


License  for 
one  year. 


License  fee. 


Statement  of 
weight,  etc.,  to  be 
furnished  with 
each  load,  etc. 


Statement  to  be 
certified  bv 
o£9clal  weigher. 


False 
statements. 


218 


REVISED    ORDINANCES. 


Appointment  of 
inspector  of 
coal, 


tenure  of  office 
and  compensa- 
tion; 


qualiflcationa. 


Duties  of 
inspector. 


Each  wagon,  etc. 
to  be 
numbered. 


and  the  weight 
to  be  displayed. 


Penalty. 


Sect.  4.  There  shall  be  appointed  by  the  mayor, 
annually  on  the  second  Monday  of  September,  or 
within  thirty  days  thereafter,  and  subject  to  confirma- 
tion by  the  board  of  aldermen,  an  inspector  of  coal, 
whose  ''duties  shall  be  as  hereinafter  prescribed.  He 
shall  hold  office  for  the  period  of  one  year  and  shall 
receive  such  compensation  as  may  be  fixed  by  the 
board  of  aldermen,  but  not  exceeding  four  hundred 
dollars  per  year  for  executing  the  duties  of  his  office. 
No  person  shall  be  appointed  inspector  of  coal  who  is 
not  at  the  time  of  his  appointment  a  sealer  of  weights 
and  measures  in  said  city. 

Sect.  5.  It  shall  be  the  duty  of  said  inspector  of 
coal  from  time  to  time  to  test  in  the  manner  provided 
by  section  eighty-nine  of  chapter  fifty-seven  of  the 
Revised  Laws,  or  otherwise,  as  he  may  determine,  the 
actual  weight  and  variety  of  coal  being  delivered  to 
customers  in  the  city  of  Springfield,  by  retail  dealers 
in  coal  and  coke  therein,  and  the  accuracy  of  the  state- 
ments thereof  submitted  to  customers  as  aforesaid. 
And  at  least  three  times  each  year  such  examination 
shall  be  made  of  deliveries  from  each  retail  dealer  in 
coal  and  coke.  The  result  of  such  examination  shall 
be  reported  monthly  to  the  city  marshal,  and  shall  be 
open  to  the  inspection  of  the  public  at  all  proper  times. 

Sect.  6.  Each  dealer  as  aforesaid  shall  separately 
number  in  plain  and  conspicuous  letters  and  figures 
each  separate  wagon,  vehicle  or  receptacle  used  by 
said  dealer  in  making  deliveries  of  coal  and  coke  to 
retail  customers,  and  shall  have  plainly  printed  thereon 
the  weight  thereof  as  actually  used  and  equipped  in 
making  deliveries  of  coal  or  coke. 

Sect.  7.  Whoever  shall  violate  any  provisions  of 
this  chapter  shall  be  punished  by  a  fine  of  not  more 
than  twenty  dollars. 


TELEPHONE  LINES,  (X)NDUITS,  AND  POLES. 


219 


CHAPTER  4G. 

RELATING  TO  TELEPHONE  LINES,  CONDUITS  AND  DIS- 
TRIBUTING POLES. 


Section. 

6.     Not  to  disturb  street  railway, 
or  wires,  pipes,  etc. 

6.  Necessary  changes  to  be  at  ex- 

pense of  company. 

7.  When  work  to  be  commenced ; 

how  continued. 

8.  Conduits  not  to  be  removed 

without  permission. 

9.  Conduits  to  be  removed  when 

ordered  by  board  of  alder- 
men. 

No  permit  to  be  granted  or 
valid  until  bond  has  been  ex- 
ecuted.   Conditions  of  bond. 

Authority  granted  may  be  re- 
voked. In  case  location  is 
revoked,  substitute  to  be 
granted. 


10. 


11 


Section. 

1.  Mayor  and  aldermen  may  au- 

thorize telephone  company  to 
construct  underground  con- 
duits, cables,  and  wires,  etc. ; 
to  be  subject  to  future  regu- 
lations and  ordinances. 

2.  Conduits  to  be  of  suitable  ma- 

terial and  subject  to  approval 
of  supervisors  of  highways 
and  bridges.  Poles  to  be  sub- 
ject to  approval  of  board  of 
aldermen. 

■3.  Surface  of  street  not  to  be  dis- 
turbed without  permit  from 
supervisors.     Exception. 

4.  Street  to  be  restored  to  condi- 
tion satisfactory  to  superin- 
tendent ;  to  be  kept  in  condi- 
tion fot  one  year ;  may  be 
done  at  expense  of  company. 

Section  1.  The  board  of  mayor  and  aldermen  may 
authorize  any  telephone  company  to  construct  and 
maintain  underground  conduits,  cables,  and  wires  for 
the  conduct  of  its  business  in  such  of  the  streets  of  the 
city  as  said  board  may  deem  advisable,  and  to  con- 
struct therein  and  maintain  the  necessary  manholes 
and  house  connections ;  also  to  erect  and  maintain 
distributing  poles  at  the  termini  of  such  said  conduits 
and  at  suitable  distributing  points  ;  all  of  which  shall 
be  done  in  accordance  with  the  regulations  hereinafter 
provided  and  subject  to  such  ordinances  in  addition  to 
or  amendment  hereof  as  may  hereafter  be  passed. 

Sect.  2.  The  said  conduits  shall  be  of  suitable  kind 
and  construction  such  as  said  board  shall  approve,  and 
the  work  shall  be  done  in  a  thorough  manner,  and  to 
the  approval  of  the  supervisors  of  highways  and 
bridges.  The  said  distributing  and  other  poles  shall 
be  of  such  height  and  other  dimensions,  and  of  such 
form  and  material,  and  so  located  as  to  be  satisfactory 
to  the  board  of  aldermen,  and  shall  be  subject  to  their 
approval  or  the  approval  of  any  person  or  persons 
whom  the  board  of  aldermen  may  select. 


Mayor  and  alder- 
men mav  author- 
ize telephone 
company  to  con- 
struct under- 
ground conduits, 
cables,  and 
Mrires,  etc ; 


to  lie  subject  to 
future  regula- 
tions and  ordi- 
nances. 


Conduits  to  be  of 
suitable  material 
and  subject  to 
approval  of 
supervisors  of 
highways  and 
bridges. 

Poles  to  be  sub- 
ject to  approval 
of  board  of  alder- 
men. 


220 


REVISED    ORDINANCES. 


Surface  of  street 
not  to  be  dis- 
turbed without 
permit  from 
supervisors. 


Exception. 


Street  to  be 
restored  to  con- 
dition satisfac-  \ 
tory  to  superin- 
tendent ; 

to  be  kept  in  con- 
dition for  one 
year; 


may  be  done  at 
expense  of  com- 
pany. 

Not  to  disturb 
street  railway,  or 
wires,  pipes.etc. 


Necessary 
changes  to  be  at 
expense  of  com- 
pany. 


When  work  to  be 
commenced ; 
how  continued. 


Conduits  not  to 
l>e  removed  with- 
out permission. 


Conduits  t<>  be 
removed  wtien 
ordered  by  board 
of  aldermen. 


No  permit  to  be 
granted  or  valid 


Sect.  3.  The  surface  of  a  street  shall  not  be  dis- 
turbed for  the  purpose  of  laying,  repairing,  or  remov- 
ing wires  or  conduits,  or  erecting  or  removing  distrib- 
uting or  other  poles,  without  a  permit  from  the 
supervisors  of  highways  and  bridges,  indicating  the 
time,  manner,  and  place  of  opening  such  streets,  and 
the  time  within  which  such  work  shall  be  completed. 
But  this  provision  shall  not  be  construed  as  requiring 
any  permit  for  the  opening  of  manholes  for  the  purpose 
of  drawing  in,  removing,or  repairing  wires  and  cables. 
Sect.  4.  When  an  opening  is  made  in  a  street  for 
any  of  the  purposes  aforesaid,  the  portion  of  the  street 
so  opened  shall  be  restored  to  a  condition  satisfactory 
to  the  superintendent  of  streets,  and  shall  be  kept  in 
such  condition  for  one  year  thereafter,  and,  if  not  so 
restored  and  maintained  by  the  company  performing 
the  work,  said  superintendent  of  streets  may  cause  the 
same  to  be  done  at  the  expense  of  such  company. 

Sect.  5.  Any  such  company  in  laying,  repairing, 
or  removing  its  wires  or  conduits  shall  not  disturb  or 
in  any  way  interfere  with  the  street  railway  or  electric 
light  wires  or  any  gas  or  water  pipes,  or  sewers,  or 
pipes  therewith  connected. 

Sect.  6.  In  case  the  city  of  Springfield  finds  it 
necessary  to  construct  or  enlarge  sewers  or  other  pub- 
lic works  in  streets  where  conduits  are  laid,  which 
shall  require  the  changing  the  location  of  said  con- 
duits, said  changing  shall  be  at  the  expense  of  the 
company  owning  the  conduits,  which  shall  forthwith 
carry  out  the  same. 

Sect.  7.  Such  company  shall  commence  the  work 
contemplated  by  any  authority  granted  to  it  within  six 
months  from  the  granting  of  the  authority,  unless  re- 
strained by  process  of  law,  and  shall  continue  the  said 
work  with  reasonable  diligence  until  suitable  conduits 
have  been  laid  in  the  location  designated  in  its  appli- 
cation for  authority,  and  duly  granted  by  the  board  of 
mayor  and  aldermen. 

Sect.  8.  Any  such  company  shall  not  remove  its 
conduits  unless  permitted  to  do  so  by  the  board  of 
aldermen. 

Sect.  0.  Any  such  company  shall  remove  its  con- 
duits to  other  suitable  locations  whenever  ordered  to 
do  so  by  the  board  of  aldermen. 

Sect.  10.  No  permit  shall  be  granted,  or  if  granted 
shall  be  valid,  to  disturb  the  surface  of  a  street  for  any 


bond. 


TELEPHONE  LINES,  CONDUITS,  AND  POLES.  221 

of  the  purposes  aforesaid   until  such   company   has  untiibondiuu 

ff  .-  -/...J    be«n  executed. 

executed  an  agreement  m  a  form  satisfactory  to  and 
approved  by  the  mayor,  providing  : — 

First:  That  in  every  underground  conduit  con-  conditions  of  the 
structed  by  such  company  sufficient  and  necessary 
space  shall  be  reserved  and  maintained,  free  of  charge, 
for  the  use  of  the  fire,  police,  and  other  signal  wires 
belonging  to  the  city  and  used  exclusively  for  muni- 
cipal purposes,  and  that  the  fire  and  police  departments 
by  their  electrical  superintendents  shall  be  allowed  ac- 
cess to  said  conduits  at  all  times  ;  and  that  said 
departments  shall  be  allowed  facilities  and  privileges 
in  putting  in  or  taking  out  wires  equal  in  all  respects 
to  those  of  such  telephone  company. 

Second  :  That  such  company  will  indemnify  and 
save  harmless  the  said  city  against  all  damages,  costs, 
and  expense  whatsoever  to  which  the  said  city  may  be 
subjected  in  consequence  of  the  acts  or  neglect  of  such 
company,  its  agents  or  servants,  or  in  any  manner 
arising  from  the  rights  and  privileges  granted  it  by  the 
city. 

Third :  In  addition  to  the  aforesaid  agreement, 
such  company  shall,  before  a  street  is  disturbed  for  the 
laying  of  its  wires  or  conduits,  execute  a  bond  with 
surety  or  sureties,  to  be  approved  in  writing  by  the 
mayor,  or  in  penal  sum  of  not  less  than  ten  thousand 
(10,000)  dollars,  conditioned  to  fulfil  all  its  agreements 
with  the  city  and  its  duties  under  this  ordinance,  and 
a  new  bond  of  like  import  may  at  any  time  be  required 
by  the  board  of  mayor  and  aldermen,  which  new  bond 
shall  be  a  strengthening  bond  unless  the  surety  or 
sureties  on  former  bonds  are  expressly  released  from 
further  liability  by  vote  of  the  city  council. 

Fourth  :  '  That  the  company  will,  as  soon  as  a  con- 
duit is  constructed,  remove  thereto  such  wires  as  it  is 
intended  to  accommodate,  and  remove  all  wires  from 
any  conduit  the  license  to  use  which  has  been  revoked 
by  the  board  of  mayor  and  aldermen. 

Fifth  :  That  the  company  will  at  once  comply  with 
any  changes  in  their  conduits,  manholes,  or  poles  that 
the  board  of  mayor  and  aldermen  may,  after  hearing 
duly  appointed,  order. 

Sect.  11.     Any  authority  granted  by  said  board  Authority 
of  mayor  and  aldermen  may,  after  notice  and  hearing,  f ™okld.™^*  ^"^ 
be  revoked  or  altered  at  any  time  without  liability  on 
the  part  of  the  city  therefor  ;  but  in  case  any  location 


222 


In  case  location 
i8  revoked,  sub- 
stitute  to  be 
granted. 


REVISED   ORDINANCES. 


in  any  street  shall  be  revoked,  a  substitute  location  in 
some  other  street  that  will  in  the  opinion  of  the  said 
board  accommodate  the  service  shall  be  granted. 


CHAPTER  47. 


IN  RELATION  TO  THE  EXECUTION  OF  DEEDS,  LEASES,  AND 
OTHER  INSTRUMENTS. 


Deeds,  etc., 
Kiven  by  city, 
now  executed. 


Section. 

1.    Deeds,  etc.,  given  by  city,  how 
executed. 


Section. 

2.     Mortgages,    how     discharged ; 

mayor  may  assign  mortgages, 

etc. 


Section  1.  All  deeds,conveyances,  leases,  and  other 
instruments,  which  shall  be  given  by  the  city,  and 
which  to  be  valid  in  law  must  be  signed,  sealed,  and 
acknowledged,  shall  be  signed  and  acknowledged  by 
the  mayor,  on  behalf  of  the  city,  and  shall  be  by.  him 
sealed  with  the  common  seal  of  the  city. 

Sect.  2.  Whenever  the  amount  due  and  payable 
on  any  mortgage  belonging  to  the  city  shall  be  paid  to 
Mavormay  the  city  treasurer,  he  shall  certify  the  same  to  the 

assign  mortgages,  •'  '  i        i  i 

etc  mayor,  who  shall  thereupon  discharge  the  mortgage  ; 

or  may  assign  the  same ;  and  for  that  purpose  the 
mayor  shall  execute  and  deliver  all  necessary  deeds 
and  instruments. 


Mortgages,  bow 
diMC  barged. 


WARRANTS  FOR  CITY  MEETINGS. 


223 


CHAPTER  48. 

WARRANTS  FOR  CITY  MEETINGS. 


Section. 

1.  General  meetings,  form  of  war- 

rant for  calling. 

2.  How  issued,  signed,  served,  and 

returned. 


Section. 

3.     Notice  in  two  or  more  papers, 

officer    serving    warrants  to 

publish. 


Section  1.     The  form  of  warrants  for  calling  gen-  General  meet- 

„    ,         ings,  form  of 

eral  meetings  of  the  citizens  qualified  to  vote,  shall  be  ^[[ant  for 
as  follows,  to  wit  : — 

CITY  OF  SPRINGFIELD. 

To  the  city  marshal,  or  the  assistant  marshal  of  the 
city  of  Springfield — Greeting  :  — 

In  the  name  of  the  Commonwealth  of  Massachu- 
setts, you  are  hereby  required  forthwith  to  warn  the 
citizens  of  Springfield,  qualified  to  vote  as  the  law 
directs,    to    assemble    in    general    meeting     at     the 

Hereof  fail  not,  and  have  you  there  this  warrant 
with  your  doings  thereon. 
Witness,  Mayor  of  our  city 

of  Springfield,  on  this  day  of 

[Seal.]  in  the  year  of  our  Lord  one  thousand 

nine  hundred  and 
By  order  of  the  mayor  and  aldermen. 

City  Clerk. 

Sect.  2.    All  warrants  for  calling  general  meetings  how  issued, 

•    •  111-  t  1  1  ^      e  Signed,  served, 

of  the  Citizens  shall  be  issued  ten  days  at  least  before  and  returned. 
the  time  of  holding  the  meetings,  shall  be  signed  by 
the  city  clerk,  and  in  case  of  his  absence  or  incapacity, 
by  the  mayor  ;  and  shall  be  served  by  the  marshal  or 
assistant  marshal  of  the  city  by  posting  a  copy  thereof 
in  two  public  places  in  each  ward  or  precinct,  and  said 
officer  therein  specified  shall  return  the  same  to  the 
city  clerk  on  or  before  the  time  for  such  meeting. 

Sect.  3.     The  officer  who  shall  serve  said  warrants  Notice  in  two  or 
shall  also  publish  a  notice  in  one  or  more  newspapers  Smcer^se^^'g 
in  this  city,  seven  days  at  least  before  the  time  of  JJ^^I"*"** '^^  p"^- 


224 


REVISED   ORDINANCES. 


holding  said  meetings,  stating  the  time,  place,  and 
general  objects  of  said  meetings,  said  notice  to  be 
signed  by  order  of  the  mayor  and  aldermen. 


CHAPTER  49. 


DIRECTING    THE    MANNER    OF    PASSING    AND    PUBLISHING 
CITY  ORDINANCES. 


By-laws  to  be 
termed  ordi- 
nances ; 
enacting  style. 


To  be  recorded 
by  city  clerk  in 
order  of  passage. 


To  be  published, 
bow. 


To  take  effect, 
when. 


Section. 

1.  By-laws    to    be    termed    ordi- 

nances ;  enacting  style. 

2.  To  be  recorded  by  city  clerk  in 

order  of  passage. 


Section. 

3.  To  be  published,  how. 

4.  To  take  effect,  when. 


Section  1.  All  by-laws  passed  by  the  city  council 
shall  be  termed  ordinances,  and  the  enacting  style 
shall  be,  *'  Be  it  ordained  by  the  city  council  of  the  city 
of  Springfield  as  follows  : " 

Sect.  2.  All  ordinances  which  shall  be  passed  by 
the  city  council  of  said  city  shall  be  engrossed  or  re- 
corded by  the  city  clerk,  in  a  fair,  legible  hand,  or  by 
a  typewriter,  in  the  order  in  which  they  shall  pass  to 
be  ordained,  in  a  book  to  be  kept  for  that  purpose. 

Sect.  3.  All  the  ordinances  of  the  city  council  shall 
be  published  by  causing  the  same  to  be  inserted  in  such 
newspaper  printed  and  published  in  the  city  of  Spring- 
field as  the  board  of  aldermen  shall  by  order  direct. 

Sect.  4.  Every  ordinance  which  does  not  expressly 
prescribe  the  time  when  it  shall  go  into  operation,  shall 
take  effect  from  and  after  its  passage. 


REPEAL. 


225 


CHAPTER  50. 

REPEAL. 


Section. 

1.  Ordinance  to  take  effect  Dec. 
31,  1904;  repeal  of  previous 
ordinances.  Proviso  as  to 
effect  of  repeal ;  not  to  re- 
vive ordinances  repealed, 
etc. ,  or  affect  rights  accrued, 
etc. ;  or  affect  penalty,  etc., 


Section. 


incurred ;  or  prosecution, 
etc.,  pending;  or  limita- 
tions, begun,  for  acquiring 
or  barring  rights ;  or  tenure 
of  office,  except ;  continua- 
tion of  existing  ordinances. 


Ordinance  to 
take  effect  Dec. 


Proviso,  as  to 
effect  of  repeal ; 
not  to  revive  ordi- 
nances repealed, 
etc.,  or  affect 
rights  accrued. 


Section  1.  This  ordinance  shall  take  effect  from 
and  after  the  thirty -first  day  of  December,  in  the  year  ^^•^^>^' 
of  our  Lord  nineteen  hundred  and  four  ;  and  all  ordi-  viou8o*rdinance8. 
nances  and  parts  of  ordinances  heretofore  passed  and 
ordained  by  the  city  council  are  hereby  declared  to  be 
and  are  hereby  repealed  from  and  after  said  day. 
Provided,  however,  that  such  repeal  shall  not  revive 
any  ordinance  heretofore  repealed  or  superseded  nor 
any  office  heretofore  abolished  ;  it  shall  not  affect  the 
acceptance  and  adoption  of  any  act  of  the  legislature  ^tc 
heretofore  lawfully  accepted  and  adopted,  and  it  shall 
not  affect  any  act  done  or  any  right  accruing,  accrued, 
or  established,  or  any  proceedings,  doings,  or  acts  rati- 
fied or  confirmed,  or  any  suit  or  proceedings  had  or 
commenced  before  the  repeal  takes  effect ;  but  the 
proceedings  therein  shall,  when  necessary,  conform  to 
the  provisions  of  this  ordinance 

penalty  or  forfeiture,  incurred  before  it  takes  effect, 
under  any  of  the  ordinances  repealed ;  it  shall  not 
affect  any  suit  or  prosecution,  pending  at  the  time  of 
the  repeal  for  an  offense  committed,  or  for  the  recovery 
of  a  penalty  or  forfeiture  incurred  under  any  of  the 
ordinances  repealed,  except  that  the  proceedings 
therein  shall,  when  necessary,  conform  to  the  pro- 
visions of  this  ordinance  ;  and  when  a  limitation  or 
period  of  time  prescribed  in  any  of  the  ordinances  re- 
pealed, for  acquiring  a  right  or  barring  a  remedy  or 
any  other  purpose,  has  begun  to  run  and  the  same  or 
similar  limitation  is  prescribed  in  this  ordinance  the 
term  of  limitation  shall  continue  to  run,  and  shall  have 
like  effect  as  if  the  whole  period  had  begun  and  ended 


it  shall  not  affect  any    or  affect  penalty, 
*'     etc.,  incurred ; 


or  prosecution, 
etc.,  pending ; 


or  limitations, 
begun, for 
acquiring  or  bar- 
ring rights; 


226 


REVISED.  ORDINANCES. 


or  tenure  of 
office,  except ; 


continuation 
of  existing 
ordinances. 


under  the  operation  of  the  ordinance  hereby  ordained. 
All  persons  who  at  the  time  when  said  repeal  takes 
effect  hold  any  office  under  any  of  the  ordinances  re- 
pealed shall  continue  to  hold  the  same  according  to 
the  tenure  thereof,  except  those  offices  which  have 
been  abolished,  and  those  as  to  which  a  different  pro- 
vision has  been  lawfully  made.  The  provisions  of  this 
ordinance,  so  far  as  they  are  the  same  as  those  of  ex- 
isting ordinances,  shall  be  construed  as  a  continuation 
thereof  and  not  as  new  enactments. 

Approved,  Dec.  21,  1904. 


Attest, 


E.  A.  NEWELL, 

City  Clerk. 


RULES  AND  ORDERS  OF  THE  MAYOR 
AND  ALDERMEISI, 

FOR  THE  REGULATION  OF  HACKNEY  CARRIAGES,  DRAYS, 
TRUCKS,  ETC. 


Section. 

1.     Rules  established. 

Rule  1.  Hackney  carriages, 
what  shall  be  deemed  to  be. 

RcLB  2.  Not  to  be  set  up,  used, 
or  driven,  without  license. 

RuLB  3.  Licenses  for,  mayor  and 
aldermen  may  grant;  rec- 
ord of,  to  be  kept  by  city 
marshal. 

Rule  4.  Fee  for  license,  one  dol- 
lar to  the  city  treasurer  for 
use  of  the  city. 

Rule  5.  Terms  of  license  for : 
to  expire  April  1,  after  its 
date;  revocable  at  discre- 
tion, etc.;  not  transferable 
without  consent  of  mayor, 
etc.;  city  marshal  to  record 
transfer  of  licenses. 

Rule  6.  Carriages  must  be  num- 
bered and  marked,  how ; 
card,  with  name,  nura- 
.  ber,  and  rates  thereon,  to 
be  placed  and  kept  con- 
spicuously inside  of. 

Rule  7.  Number,  no  carriage  to 
be  used  with  any  other  than 
that  designated  in  license. 

Rule  8.  Obstruction  of  streets, 
not  to  be  caused  by  stopping 
carriages  abreast,  etc. 

Rule  9.  Badges,  drivers  to  wear 
what  and  when. 

Rule  10.  Carriages  waiting  for 
passengers ;  mayor,  etc., 
may  direct  as  to  standing  of. 

Rule  11.  Kates  of  fare,  within 
certain  limits  prescribed ; 
reasonable  may  be  charged 
beyond  prescribed  limits; 
double,  when  may  be  charg- 
ed.    Luggage,    what     free 


Section. 

with  passenger ;  addition- 
al, charge  for  fixed  ;  appli- 
cations for  conveyance  not 
to  be  neglected,  etc.,  un- 
less carriage  is  engaged, 
etc.,  if  fee  be  tendered  on 
demand. 

Rule  12.  Drays,  Trucks,  Job 
Wagons,  etc.;  must  be  li- 
censed ;  must  be  numbered 
and  marked,  how. 

Rule  13.  Licenses  for:  mayor 
and  aldermen  may  grant, 
etc.;  revocable  at  discre- 
tion ;  record  of,  to  be  kept 
by  city  marshal. 

Rule  14.  Terms  of  license :  to 
expire  April  1  after  its  date, 
unless  sooner  revoked  ;  not 
transferable  without  con- 
sent of  mayor,  etc. ;  city 
marshal  to  record  trans- 
fers of. 

Rule  16.  Fee  for  license,  one 
dollar  to  the  city  treasurer 
for  use  of  the  city. 

Rule  16.  Driving  of,  through 
streets,  must  be  at  moderate 
pace. 

Rule  17.  Passing  through  streets, 
to  take  the  right  as  near 
as  may  be;  to  be  driven 
abreast  of  other  vehicles 
only  long  enough  to  pass. 

2.  Owners  or  drivei-s  only,  of  li- 

censed vehicles,  to  solicit 
passengers,  baggage  or  mer- 
chandise. 

3.  Penalty,   for  any  violation   of 

these  rules  and  orders,  fine 
not  more  than  twenty  dol- 
lars. 


STREET  MUSICIANS. 


Rule. 

1.  Begging  by  street  musicians. 

2.  No  performances  after  10  P.  M. 

3.  No  performances  on   Sunday; 

proviso. 

4.  Licensee    to    receive    tag    and 

copy  of  rules. 


Rule. 

5.  Licenses  to  be  granted  by  mar- 

shal ;  expiration  and  fee. 

6.  Licenses  for  two  or  more.  4 

7.  Musicians  to  desist  on  notice, 

when. 

8.  Penalty. 


228 


RULES  AND  ORDERS. 
REGULATIONS  FOR  PUBLIC  AMUSEMENTS. 


Jec 

liou. 

Section. 

1. 

2. 
8. 
4. 

Licenses  for  public  exhibitions; 
how  granted.  When  to  ex- 
pire. 

License  fee. 

Marshal  to  approve  posters. 

Inspection. 

6.     Exita. 

6.  Fire  apparatus. 

7.  Detail  of  firemen 

men. 

and  police- 


Rales  and  orders. 


Hackney  car- 
riages; what  shall 
be  deemed  to  be. 


Not  to  be  set  up, 
used,  or  driven, 
without  license. 


Mayor  and  alder- 
men may  grant 
licenses  for. 


Marshal  to  keep 
record  of. 


License  fee. 


When  license  to 
expire;  revoca- 
tion: transfer. 


Carriages,  how 
marked  and  num- 
bered; 


Be  it  ordered  by  the  mayor  and  board  of  aldermen  of 
the  city  of  Springfield,  as  follows,  to  ivit : — 

Section  1.  That  the  following  rules  and  orders  be, 
and  the  same  are,  hereby  established  for  the  regula- 
tion in  said  city  of  omnibuses,  stages,  hackney  car- 
riages, wagons,  trucks,  carts,  drays,  and  other  vehicles 
used  and  employed  for  hire  in  said  city. 

HACKNEY    CARRIAGES,    OMNIBUSES,    ETC. 

Rule  1.  Every  vehicle  drawn  by  one  or  more 
horses  or  other  animal  power,  which  shall  be  used  for 
the  conveyance  of  persons  for  hire  from  place  to  place 
within  said  city,  shall  be  deemed  a  hackney  carriage 
within  the  meaning  of  these  rules  and  orders. 

Rule  2.  No  person  shall  set  up,  use,  or  drive  any 
hackney  carriage,  for  the  conveyance  of  persons  for 
hire  within  said  city  of  Springfield,  without  a  license 
for  said  carriage,  duly  obtained  as  hereinafter  pro- 
vided. 

Rule  3.  The  mayor  and  aldermen  of  said  city  may 
from  time  to  time  grant  licenses  to  set  up,  use,  or 
drive  hackney  carriages,  for  the  conveyance  of  per- 
sons for  hire  within  said  city,  upon  such  conditions  as 
they  may  deem  expedient,  and  a  record  of  all  licenses 
so  granted  shall  be  kept  by  the  city  marshal. 

Rule  4.  For  every  license  so  granted  there  shall 
be  paid  to  the  city  treasurer,  for  the  use  of  the  city, 
the  sum  of  one  dollar. 

Rule  5.  All  licenses  shall  expire  on  the  first  day 
of  April  next  after  the  date  thereof,  and  may  be  re- 
voked by  the  mayor  and  aldermen  at  their  discretion  ; 
and  no  license  shall  be  transferable  without  the  con- 
sent of  the  mayor  endorsed  thereon  ;  and  such  trans- 
fer shall  be  recorded  by  the  city  marshal. 

Rule  6.  Every  hackney  carriage  licensed  as  afore- 
said shall  be  conspicuously  marked  and  numbered  on 
the  outside  on  the  right  and  left  sides  thereof,  with 
the  number  of  the  license  in  figures  not  less  than  one 
and  one-half  inches  in  length,  and  such  figures  shall 


HACKNEY  CARRIAGES,  DRAYS,  AND  TRUCKS.  2^^ 

be  of  a  light  color  on  a  dark  ground  or  dark  color  on 
light  ground,  and  placed  either  on  the  driver's  seat  or 
on  the  sills  of  the  carriage.  A  card  with  the  name  of  to  contain  card 
the  owner  and  the  number  of  the  license  and  the  rates  rates,  etc.  ' 
of  fare  fixed  by  these  rules  and  orders  printed  thereon 
shall  be  placed  and  at  all  times  kept  in  a  conspicuous 
place  inside  of  all  such  carriages  ;  and  no  owner  or 
driver  of  any  hackney  carriage  shall  use  or  drive  such 
carriage,  or  permit  the  same  to  be  used  or  driven,  un- 
til each  and  all  of  the  foregoing  regulations  have  been 
fully  complied  with. 

Rule  7.     No  owner  or  driver  of  any  hackney  car-  no  other  number 
riage  shall  use  or  suffer  such  carriage  to  be  used  with 
any  number  upon  the  same  other  than  that  designated 
in  his  license. 

Rule  8.     No  owner,  driver,  or  other  person  having  carriage  not  to  be 
charge  of  any  hackney  carriage  shall  stop  his  carriage  other  carr^age^or"' 
abreast  of  any  other  carriage  in  any  street  within  the  ***  ^^^stmct  street. 
city,  nor  stop  his  carriage  in  any  street,  lane,  square,  or 
alley,  so  as  to  obstruct  the  same  or  any  crossing  thereof. 

Rule  9.     Every  owner,  driver,  or  other  person  hav-  Drivers  to  wear 
ing  charge  of  any  hackney  carriage,  while  standing  at 
any  railroad  depot,  shall  wear  a  badge  upon  his  hat  or 
cap  with  the  number  of  his  carriage  thereon,  so  placed 
that  the  same  may  be  distinctly  seen  and  read. 

Rule  10.     In  every  place  where  hackney  carriages  carriages  waiting 

.  .         1    -  .,  11'         for  orders;  mayor 

attend  for  passengers,  the  mayor,  or  any  person  by  him  to  direct  as  to 
authorized,  may  give  directions  respecting  the  stand-  *  °  '"^" 
ing  of  such  carriages  while  waiting  for  their  passen- 
gers ;  and  if  any  owner,  driver,  or  other  person  having 
the  care  of  such  carriage  shall  neglect  or  refuse  to  obey 
such  order  or  direction  of  the  mayor,  or  other  person 
by  him  authorized,  he  shall  forfeit  and  pay  the  penalty 
hereinafter  provided. 

Rule  11.  The  prices  or  rates  of  fare  to  be  taken  by  nates  of  fare. 
or  paid  to  the  owner,  driver,  or  other  person  having 
charge  of  any  hackney  carriage,  shall  not  exceed  the 
following  rates,  viz.  :  For  the  conveyance,  between  the 
hours  of  six  o'clock  in  the  morning  and  ten  o'clock  in 
the  evening,  from  any  point  to  any  point  within  that  Fimumit; 
part  of  the  city  which  is  bounded  southerly  by  Mill 
river  from  its  mouth  as  far  easterly  as  Walnut  street ; 
thence  easterly  by  Walnut  street  as  far  north  as  its 
intersection  with  Hancock  street ;  thence  easterly  and 
northeasterly  by  Hancock  and  Thompson  streets  to 
Worthington  street ;  thence  northeasterly  by  a  straight 


230 


RULES  AND  ORDERS. 


rate; 


cab  or  herdic. 
Second  limit : 


rate. 


Third  limit: 


rate. 


Obildren. 


line  extending  from  the  intersection  of  Thompson  and 
Worthington  streets  to  the  southwesterly  corner  of 
Chestnut  and  Calhoun  streets  ;  thence  northerly  by  a 
straight  line  extending  due  west  from  the  point  last 
named  to  the  Connecticut  river ;  thence  westerly  by 
the  Connecticut  river  to  the  place  of  beginning, — of  a 
single  passenger  forty  cents,  and  wlien  two  persons 
belonging  to  the  same  party  are  carried  to  the  same 
place,  seventy-five  cents  for  both,  and  for  each  addi- 
tional person  belonging  to  the  same  party,  twenty-five 
cents.  By  a  cab  or  herdic,  without  trunk,  each  passen- 
ger twenty-five 'cents.  For  the  conveyance,  between 
the  hours  aforesaid,  to  or  from  any  point  beyond  the 
above  described  limits,  and  within  that  portion  of  the 
city  bounded  southerly  by  the  northerly  and  westerly 
boundary  of  Forest  park  to  Sumner  avenue  ;  thence 
easterly  by  Sumner  avenue  to  the  junction  of  Belmont 
avenue  and  Dickinson  street ;  thence  northerly  in  a 
straight  line  to  the  Hickory  street  crossing  of  the  New 
York  and  New  England  railroad  ;  thence  easterly  by 
said  railroad  to  where  it  crosses  Bay  street ;  thence 
northerly  by  a  straight  line  from  the  last  named  point 
to  the  southwesterly  corner  of  Fisk  and  Demond 
avenues,  Brightwood ;  thence  continued  westerly 
through  Demond  avenue  to  the  Connecticut  river, 
westerly  by  the  Connecticut  river  between  the  last 
named  point  and  a  point  due  west  from  the  junction 
of  Calhoun  and  Chestnut  streets, — of  a  single  passen- 
ger fifty  cents,  and  when  two  persons  belonging  to 
the  same  party  are  carried  to  the  same  place,  ninety 
cents  for  both,  and  for  each  additional  person  belong- 
ing to  the  same  party,  and  carried  to  the  same  place, 
thirty-five  cents ;  and  the  rates  for  herdics  for  the 
same  limits  shall  not  exceed  thirty-five  cents  for  each 
passenger.  For  the  conveyance,  between  the  hours 
aforesaid,  to  or  from  any  point  beyond  those  portions 
of  the  city  above  described,  but  within  the  two  "mile 
circuit  of  Court  square,  and  south  of  the  Boston  and 
Albany  railroad, — of  one  passenger,  seventy-five  cents, 
and  for  each  additional  person  belonging  to  the  same 
party,  and  carried  to  the  same  place,  fifty  cents  ;  and 
the  rates  for  herdics  within  this  last  circuit  shall  be 
forty  cents  for  each  passenger.  For  the  conveyance  of 
children  between  the  ages  of  four  and  twelve  years,  if 
more  than  one,  or  if  accompanied  by  an  adult,  half  of 
the  above  named  rates  only  is  to  be  charged. 


HACKNEY  CARRIAGES,  DRAYS,  AND  TRUCKS.  231 

For  the  conveyance  of  persons  beyond  the  above 
named  limits  special  reasonable  rates  may  be  charged. 
The  charge  for  hackney  carriages,  when  hired  by  the  j^^es  by  the 
hour  between  the  hours  aforesaid,  shall  not  exceed  two 
dollars  for  the  first  hour,  and  one  dollar  and  one-half 
per  hour  after  the  first  hour,  and  for  parts  of  hours 
after  the  first  hour  a  proportional  part  of  one  dollar 
and  one-half. 

For  the  use  of  hackney  carriages  within  the  above  Night  rates, 
named  limits,  or  when  hired  by  the  hour,  between  the 
hours  of  ten  o'clock  in  the  evening  and  six  o'clock  in 
the  morning,  double  the  above  established  rates  may 
be  charged. 

Every  owner,  driver,  or  other  person  having  charge  wiiat^bagpage  to 
of  any  hackney  carriage  shall  convey  if  requested,  with 
each  passenger,  one  trunk,  and  the  valise,  carpet-bags, 
portmanteaus,  bundles,  and  baskets  which  may  be  used 
by  such  person  in  traveling,  without  charge  or  compen- 
sation therefor,  but  for  every  additional  trunk  so  con- 
veyed by  him  he  shall  be  entitled  to  demand  and  receive 
the  sum  of  ten  cents :  and  no  owner,  driver,  or  other  Driver  not  to 

.  '  /  in    refuse  to  carry 

person  having  charge  of  any  hackney  carriage  shall  passengers,  etc. 
neglect  or  refuse  the  application  of  any  person  for  con- 
veyance within  his  carriage,  if  such  carriage  be  not 
occupied,  engaged,  or  employed  at  the  time  of  making 
such  application,  and  if,  on  demand,  the  legal  fare  be 
tendered. 

TRUCKS,   DRAYS,    ETC. 

Rule  12.     Every  truck,  wagon,  dray,  cart,  or  other  Trucks,  drays, 
vehicle  whether  drawn  by  one  or  more  horses,  or  other  fi^n»ed^an*d 
animal  power,  which  shall  be  used  within  said  city  of  ''"™'^"'**- 
Springfield,  for  the  conveyance  within  the  said  city  for 
hire  of  wood,  coal,  lumber,  stone,  brick,  sand,  gravel, 
clay,  dirt,  goods,  wares,  furniture,  merchandise,  build- 
ing materials,  or  any  article  or  thing  whatsoever,  shall 
be  licensed,  and  shall  have  placed  upon  the  outside  and 
upon  each  side  of  the  same  the  number  of  the  license 
in  plain,  legible  figures  of  not  less  than  one  and  a  half 
inches  in  length,  and  the  name  of  the  person  taking 
out  the  license  in  plain  characters,  so  that  the  same 
may  be  distinctly  seen  and  read. 

Rule  l.S.     The   mayor  and    aldermen    may    grant  Mayor  and  aider- 

T  J.  jxj-  11-1  ^  men  may  grant 

licenses  to  use  and  to  drive  any  such  vehicle  as  afore-  licenses  and 
said  within  said  city  upon  such  conditions  as  they  may  '®'^''''®**™®; 
deem  expedient,  and  may  revoke  the  same  at  their  dis- 
cretion ;  and  a  record  of  the  licenses  so  granted  shall  ?^"rd*^  *** 


232 


RULES  AND  ORDERS. 


When  licenMH  to 
expire. 


Fee. 


To  drive  at  mod- 
erate pace. 


Rale  for  driving 
and  stopping. 


Ovrners  or 
drivers  onlv  of 
licensed  vehicle 
to  solicit  passen- 
gers, etc. 


Penalty. 


be  kept  by  the  city  marshal.  But  no  license  shall  be 
granted  for  any  such  vehicle  to  stand  for  business  on 
any  street  around  Court  Square,  and  every  license 
granted  shall  specify  that  such  vehicle  shall  not  stand 
for  business  either  on  Court  Square  avenue  or  on  Main 
street,  Court  street,  or  Elm  street,  around  Court  square. 

Rule  14.  All  licenses  so  granted  shall  expire  on 
the  first  day  of  April  next  after  the  date  thereof,  unless 
sooner  revoked  ;  and  no  license  shall  be  transferable 
without  the  consent  of  the  mayor  indorsed  thereon  ; 
and  such  transfer  shall  be  recorded  by  the  city  mar- 
shal. 

Rule  15.  For  every  license  so  granted  there  shall 
be  paid  to  the  city  treasurer,  for  the  use  of  the  city,  the 
sum  of  one  dollar. 

Rule  1(3.  Every  driver  or  other  person  having  the 
care  of  any  such  vehicle  shall,  when  passing  through 
the  streets,  squares  or  lanes  of  said  city,  drive  his  horse 
or  beast  at  a  moderate  pace. 

Rule  17.  Every  driver  or  other  person  having  the 
care  of  any  vehicle  licensed  in  accordance  with  the  pro- 
visions of  these  rules  and  orders  shall  guide  and  drive 
the  same  as  near  as  may  be  to  the  right  hand  side  of 
the  street  or  highway  through  which  the  same  may  be 
passing  ;  and  no  such  driver  or  other  person  having  the 
care  of  any  such  vehicle  shall  guide  or  drive  the  same 
alongside  of  or  abreast  of  any  other  carriage  or  vehicle 
which  may  be  passing  any  street  or  highway  in  the 
same  direction  longer  than  may  be  necessary  to  pass 
the  same. 

Sect.  2.  No  person  other  than  the  owner  or  driver 
of  a  licensed  hackney  carriage  or  other  licensed  vehicle 
shall  solicit  passengers,  baggage,  or  merchandise  to  be 
conveyed  for  hire  within  said  city. 

Sect.  :J.  Every  owner,  driver,  or  other  person  who 
shall  violate  either  of  the  provisions,  or  any  of  the 
rules  and  orders  aforesaid,  or  neglect  or  refuse  to  obey 
the  same  in  the  manner  provided,  shall  pay  for  each 
and  every  violation,  neglect,  or  refusal  as  aforesaid,  a 
fine  of  not  more  than  twenty  dollars. 


street  musicians. 


Ordered,  That  all  the  powers  and  duties  now  devolv- 
ing upon  the  city  clerk  in  relation  to  the  licensing  of 
musicians  be  and  the  same  are  hereby  transferred  to 
and  made  a  part  of  the  duties  of  the  city  marshal,  and 


STREET  MUSICIANS.  233 

the  order  passed  by  the  board  of  aldermen,  October  2S, 
1899,  and  approved  by  the  mayor,  October  24,  1899,  estab- 
lishing rules  and  orders  for  the  regulations  of  musicians, 
is  hereby  amended  so  as  to  read  as  follows  : — 

Rule  1.    No  person  shall,  except  at  a  religious  ser-  Begging  by  street 

'^  5  r-  o  musicians. 

vice,  solicit  or  receive  compensation  in  the  streets  or 
public  out-of-door  places,  or  by  a  house  to  house  collec- 
tion for  singing,  playing,  or  performing  on  any  musical 
instrument  in  said  streets  or  public  out-of-door  places 
of  the  city  of  Springfield,  except  as  hereinafter  pro- 
vided, unless  licensed  therefor  by  the  city  marshal  as 
hereinafter  set  forth. 

Rule  2.     No  person  or  persons  shall  sing  or  perform  no  performances 
in  the  streets  or  public  out-of-door  places  of  the  city 
after  ten  o'clock  at  night,  except  as  a  part  of  a  military 
or  civic  parade  or  funeral  procession,  or  at  a  concert 
authorized  by  the  mayor. 

Rule  3.     No  person  or  persons  shall  sing  or  perform  No  performances 
in  the  streets  or  public  out-of-door  places  of  the  city  on  °°  "°   ^* 
Sunday,  except  as  a  part  of  a  religious  service,  or  a 
military  or  civic  parade,  or  a  funeral  or  religious  pro- 
cession, or  at  a  concert  given  by  the  city,  and  then  not 
within  six  hundred  feet  of  any  place  of  worship  while 
services  are  being  held  therein,  excepting  in  the  cases  proviso. 
of  said  parades  or  processions,  when  the  musicians  may 
play  while  passing  such  place  of  worship. 

Rule  4.     When  the  applicant  receives  a  license,  he  Licensee  to  re- 
shall  be  furnished  with  a  metal  tag  by  the  city  marshal  of'niies.^  ^^^  *^^^^ 
with  the  applicant's  license  number  thereon,  and  also 
with  a  printed  copy  of  these  rules.     The  licensee  shall 
display  said  tag  on  his  person  or  instrument  where  it 
can  be  plainly  seen. 

Rule  5.     Licenses  shall  be  granted  by  the  city  mar-  Licenses  to  be 
shal  to  any  person  or  persons  to  sing  or  play  or  perform  li^rehaif^ 
on  musical  instruments  in  the  streets  or  public  out-of- 
door  places  and  to  solicit  and  receive  compensation 
therefor,    provided  the  entertainment  given  by  the 
applicant  is  not,  in  the  city  marshal's  opinion,  suffi- 
ciently discordant  and  undesirable  to  be  unpleasant  to 
the  public,  or  the  past  conduct  of  the  applicant  known 
to  be  such  as  to  make  him  or  them  undesirable  licen- 
sees.    Every  license  herein  provided  for  shall  expire  expiration  and 
on  the  first  day  of  October  next  succeeding  its  date;    ^' 
the  fee  for  such  license  shall  be  twenty -five  cents. 

Rule  6.     When  there  are  two  or  more  persons  per-  Licenses  for  two 
forming  or  singing  together,  one  person  may  obtain  a 


234 


RULES  AND  ORDERS. 


Musicians  to  de- 
sist on  notice, 
when. 


Penalty. 


Licenses  for  pub- 
lic exhibitions, 
how  granted. 


when  to  expire. 


License  fee 


license  for  himself  and  those  performing  or  singing 
with  him.  The  license  shall  not  be  transferable  and 
shall  be  revocable  for  cause  by  the  city  marshal  at  his 
discretion,  and  in  case  of  revocation,  no  portion  of  the 
license  fee  shall  be  refunded. 

Rule  7.  No  licensee  shall  sing,  play,  or  perform  on 
any  musical  instrument  within  one  hundred  feet  of 
any  dwelling  house,  any  occupant  of  which  notifies 
him  to  desist,  nor  within  three  hundred  feet  of  any 
dwelling  house  in  which  any  person  is  sick  and  the 
licensee  is  informed  thereof. 

Rule  8.  Any  person  violating  any  of  the  foregoing 
rules  shall  be  punished  by  a  fine  of  not  exceeding 
twenty  dollars  for  each  offense.* 

REGULATIONS  FOR  PUBLIC    AMUSEMENTS. 

Ordered.  That,  until  otherwise  ordered,  the  follow- 
ing regulations  be  and  are  hereby  established  for  the 
government  of  public  amusements  within  the  city  of 
Springfield : — 

Section  1.  Licenses  for  theatrical  exhibitions, 
public  amusements  and  exhibitions  of  any  description 
granted  by  the  mayor  and  board  of  aldermen  shall  be 
subject  to  the  terms  and  conditions  contained  in  the 
following  sections,  and  to  such  other  terms  and  con- 
ditions as  said  board  may,  from  time  to  time,  adopt; 
and  any  failure  to  observe  the  same  will  be  deemed 
sufficient  cause  for  the  revocation  of  such  license. 
During  vacation,  or  between  the  sessions  of  the  board, 
the  committee  on  exhibition  licenses  may  grant  such 
licenses,  and  the  city  clerk  shall  make  record  thereof, 
and  such  licenses,  when  recorded,  shall  have  the  full 
authority  of  and  be  subject  to  the  terms  and  conditions 
of  a  regular  license.  All  licenses  for  a  theatrical  season 
shall  expire  on  the  first  day  of  March,  next  after  the 
date  of  the  license. 

Sect.  2.  Every  licensee  before  he  receives  any  li- 
cense for  a  theatrical  exhibition,  public  show,  public 
amusement,  or  other  performance  or  exhibition  of  any 
description  to  which  admission  is  obtained  by  the  pay- 
ment of  money  or  the  delivery  of  any  valuable  thing, 
or  by  any  ticket  or  voucher  obtained  for  money  or  any 

•  NoTB. — The  main  part  of  this  order  was  adopted  January  14,  1867. 
Parts  of  rule  11  were  amended  June  6,  1887,  July  6,  1887,  and  May  31, 
1898. 

Rule  13  was  amended  January  12, 1897. 

The  order  as  to  Street  Musicians  was  .adopted  in  its  present  form, 
March  6,  1900. 


PUBLIC   AMUSEMENTS. 


236 


Marshal  to  ap- 
prove posters. 


valuable  thin^,  shall  pay  to  the  city  treasurer  for  such 
license  covering  performances  or  exhibitions  for  one 
day,  three  dollars  ($3.00);  for  a  term  exceeding  one  day 
and  not  exceeding  six  days,  six  dollars  ($6.00);  for  a 
term  exceeding  six  days  and  not  exceeding  thirty 
days,  one  dollar  ($1.00)  per  day;  for  a  term  exceeding 
thirty  days  and  not  exceeding  one  year,  one  hundred 
dollars  ($100);  provided,  however,  that  for  a  license  for 
a,ny  athletic  entertainment  the  licensee  shall  pay  one 
dollar  ($1.00)  per  day  and  for  a  license  for  a  circus  he 
shall  pay  such  sum  as  the  committee  on  exhibition 
licenses  may  determine.  The  above  does  not  apply  to 
exhibitions  or  performances  in  the  city  hall,  when  the 
license  fee  will  be  included  in  the  rental  of  same. 

Sect.  3.  Every  such  licensee  shall  prevent  his 
place  of  amusement  and  any  performance  or  exhibition 
therein  from  being  advertised  by  means  of  pictorial 
posters  or  placards  which  have  not  been  approved  by 
the  city  marshal,  or  some  person  designated  by  him. 
And  the  marshal  or  person  so  designated  shall  exclude 
such  placards  or  posters  as  are  lewd,  indecent  or  vul- 
gar, or  which  pictorially  represent  the  commission  or 
attempt  to  commit  any  crime  or  bodily  violence. 

Sect.  4.     The  mayor  and  board  of  aldermen  reserve  inspection, 
the   right    of  entering  and  inspecting  all  places  of 
amusement  at  all  times,  either  individually  or  collec- 
tively. 

Sect.  5.     All  exits  of  every  place  of  public  amuse-  Exits. 
ment  shall  be  marked  with  the  word  "  EXIT  "  in  large 
letters  over  the  same  and  be  so  constructed  as   to  be 
easily  opened  by  anyone  from  within. 

Sect.  0.     Every  such  licensee  shall   keep  in  good  Fire  apparatus 
condition  and  so  as  to  be  easily  accessible  in   such 
place  such  standpipes,  hose,  water  pail§,   axes,   chem- 
ical extinguishers  and  other  apparatus  as  the  commis- 
sioners of  the  fire  department  may  require. 

Sect.  7.  Upon  the  request  of  the  licensee  one  or 
more  firemen  to  be  detailed  by  the  commissioners  of 
the  fire  department,  and  one  or  more  policeman  to  be 
detailed  by  the  police  commissioners,  may  be  furnished, 
and,  if  in  the  judgment  of  the  board  of  aldermen  or  the 
committee  on  exhibition  licenses  the  same  is  deemed 
necessary,  shall  be  furnished  at  the  licensee's  place  of 
amusement,  the  expense  to  be  paid  by  the  licensee. 

Adopted  by  the  Board  of  Aldermen,  February  24, 1903,  and  amended 
December  21,  1904. 


Detail  of  firemen 
and  policemen. 


JOINT  RULES  AND   ORDERS  OF  THE 
CITY  COUNCIL. 


Section. 


10. 
11. 


Committees,  joint  standing, 
list  of;    of  whom  composed. 

Committees,  joint,  number  of 
from  common  council  to  be 
one  greater  than  from  alder- 
men. 

Chairmen  of  committees,  who 
to  be. 

In  votes,  commands  to  be  ex- 
pressed by  "  Ordered  ";  opin- 
ions, principles,  facts,  and 
purposes  by  "  Resolved." 

Non-concurrence,  notice  and 
proceedings  in  case  of. 

Disagreement,  committee  of 
conference  to  be  appointed 
in  ca.se  of,  etc. 

Papers  in  matters  before  either 
board,  as  to  transmittal  of, 
etc.;  papers  on  their  pas- 
sage to  be  signed  by  clerks 
or  presiding  oflBcers. 

Messages  from  one  board  to 
the  other  to  be  in  writing. 

Proposal  to  fix  time  of  next 
meeting,  question  on  to  have 
precedence. 

Reports  of  committees  may 
be  made  to  either  board. 

Committees  not  to  act  by 
separate  consultation;  re- 
ports of, 


Section. 

except  minority,  not  to  be  re- 
ceived unless  agreed  upon  in 
committee  actually  assem- 
bled. 

12.  Committees,   joint,    when    to 

report. 

13.  Chairmen  not  to  audit  or  ap- 

prove bills  or  accounts  for 
supplies  or  services  not  or- 
dered or  authorized  by  their 
respective  committees. 

14.  Reports,   etc.,  submitted,    re- 

quirements as  to  writing  of 
etc.;  clerks  of  boards  to 
make  copies  of  papers  to  ac- 
company, when  requested, 
etc. 

15.  In  convention,   restriction  as 

to  business  to  be  transacted. 

16.  Resolutions,  joint,  method  and 

stages  of  passage  of. 

17.  Ordinances   before    second 

reading  to  be  referred,  etc. 

18.  Ordinances,     method   and 

stages  of  passage  of. 

19.  Expenditures,  restrictions 

upon  authorizing  after  an- 
nual appropriations;  city 
debt,  restrictions  as  to  creat- 
ing. 

20.  Election  of  salaried  officers. 


Joint  standing 
committees ; 


list  of; 


Section  1.  At  the  commencement  of  the  municipal 
year,  the  following  joint  standing  committees  shall  be 
chosen  or  appointed  by  their  respective  boards. 

1.  A  committee  on  finance,  to  consist  of  the  mayor, 
one  alderman,  the  president  and  two  members  of  the 
common  council. 

2.  A  committee  on  streets  and  sidewalks. 

3.  A  committee  on  city  property. 

4.  A  committee  on  the  pauper  department. 

5.  A  committee  on  fire  department. 
G.     A  committee  on  lighting  streets. 

7.  A  committee  on  education. 

8.  A  committee  on  printing,  to  consist  of  the  mayor, 
the  president  and  one  member  of  the  common  council. 


RULES  AND  ORDERS  OF  CITY  COUNCIL.  237 

Each  of  said  committees  shall  consist  of  two  alder-  of  whom  com- 
men  and  three  members  of  the  common  council,  except 
when  it  is  otherwise  ordered. 

Sect.  2.     In  all  joint  committees,  the  number  of  Jointcommit- 
members  from  the  common  council  shall  be  one  greater  tute'd. 
than  the  number  from  the  board  of  aldermen. 

Sect.  3.  The  mayor  shall  be  ex  officio  chairman  of  SlSKees^^who 
any  joint  committee  of  which  he  is  a  member,  and  of  to  be. 
other  joint  committees  the  first  named  member  of  the 
board  of  aldermen  ;  and  in  case  of  his  resignation  or 
absence,  the  next  named  member  of  the  same  board ; 
and  afterwards  the  member  of  the  common  council  first 
in  order  shall  call  the  meetings  of  the  committee,  and 
act  as  chairman. 

Sect.  4.    In  all  votes  in  which  either  or  both  branches  in  votes,  when  to 

.  1  .  1  1.  xise "  ordered " ; 

of  the  city  council  express  anything  by  way  of  com-  when 
mand,  the  form  of  expression  shall  be  "Ordered" 
(except  only  in  the  case  of  ordinances),  and  whenever 
either  branch  or  both  branches  express  opinions,  prin- 
ciples, facts  or  purposes,  the  form  of  expression  shall 
be  "Resolved." 

Sect.  5.     When  either  board  shall  not  concur  with  xonconcur- 

^,,,..  ,.  ,  ^     ^  •  ^    rence,  notice  of 

the  other  m  any  ordinance,  order  or  resolution,  sent  to  be  sent  other 
from  such  other,  notice  of  such  non-concurrence  shall 
forthwith  be  given,  and  the  paper  returned. 

Sect.  6.     In  every  case  of  disagreement   on    any  committee  of 
matter  requiring  the  joint  action  of  the  two  boards,  ^o^Sfsagree- 
if  either  board   shall  request  a  conference,  and  ap-  ™^°  " 
point  a  committee  for  that  purpose,  the  other  board 
shall  appoint  a  committee  to  confer  with  them,  and 
said  committees  shall  meet  and  state  to  each  other 
the  reasons  of  their  respective  boards  for  or  against 
the  proposed  action,  and  report  to  their  respective 
branches. 

Sect.  7.    Each  board  shall  transmit  to  the  other  all  what  papers  to 

,  .  , .  .    .     ,  ,  -be  transmitted 

papers  on  which  any  ordinance,  joint  order  or  resolu-  from  one  board 
tion  shall  be  founded,  and  all  papers,  on  their  passage 
between  the  two  boards,  shall  be  under  the  signature  of 
their  respective  clerks  or  presiding  officers. 

Sect.   8.     Whenever  messages  between    the   two  Messages 
boards  are  transmitted  by  the  messenger,  they  shall  be  to  be^fn  il^mng. 
in  writing. 

Sect.  9.     Either  board  may  propose  to  the  other  for  Proposal  for 
its  concurrence  a  time  for  the  next  meeting  of  the  city  meeting, 
council,  which  subject  shall  have  precedence  over  other 
business. 


238 


RULES  AND  ORDERS. 


Committees  may 
report  to  either 
board. 

Committees  not 
to  act  by  sepa- 
rate consulta- 
tion, etc. 


Report  to  be 
made  on  matters 
referred  within 
two  weeks ; 


who  may  call 
meeting  of  com- 
mittee. 


Chairman  not  to 
audit  or  approve 
bills. 


Reports,  etc., 
how  written ; 
copies. 


In  convention, 
restriction  as  to 
business  trans- 
acted. 


Resolutions, 
joint;  method 
and  stages  of 
passage  of. 


Ordinances 
before  second 
reading  to  be 
referred. 


Sect.  10.  The  reports  of  all  committees  may  be 
made  to  either  board. 

Sect.  11.  No  committee  shall  act  by  separate  con- 
sultation, and  no  reports,  except  minority  reports,  shall 
be  received,  unless  they  shall  have  been  agreed  to  in 
committee  actually  assembled. 

Sect.  12.  It  shall  be  the  duty  of  every  joint  com- 
mittee to  whom  any  subject  shall  be  specially  referred, 
unless  otherwise  ordered,  to  report  thereon  within  two 
weeks,  or  at  the  next  regular  meeting,  or  ask  for  fur- 
ther time.  If  the  chairman  shall  neglect  to  call  a  meet- 
ing of  the  committee  within  two  weeks,  any  other 
member  may  call  such  meeting. 

Sect.  13.  No  chairman  of  any  committee  shall 
audit  or  approve  any  bill  or  account  against  the  city 
for  any  supplies  or  services  which  shall  not  have  been 
ordered  or  authorized  by  the  committee. 

Sect.  14.  All  reports  and  other  papers  submitted  to 
the  city  council  shall  be  written  in  a  fair  hand,  properly 
indorsed,  and  the  clerks  of  the  boards  respectively  shall 
make  copies  of  any  papers  to  be  reported  by  commit- 
tees at  the  request  of  the  respective  chairmen  thereof. 

Sect.  15.  No  business  shall  be  transacted  by  the  city 
council  in  convention,  except  such  as  shall  have  been 
previously  agreed  on,  unless  by  unanimous  consent. 

Sect.  16.  Every  joint  resolution  shall  have  as  many 
readings  in  each  board  as  the  rules  of  that  board 
require,  after  which  the  question  shall  be  on  passing 
the  same,  and  when  the  same  shall  have  been  passed, 
it  shall  be  sent  to  the  other  board  for  concurrence,  and 
when  such  resolution  shall  have  so  passed  in  each 
board,  the  same  shall  be  enrolled  by  the  clerk  of  the 
common  council  and  examined  by  a  committee  of  that 
board ;  and  on  being  found  by  said  committee  to  be 
correctly  enrolled,  without  further  reading  or  question, 
shall  be  signed  by  the  president  of  the  common  council 
and  sent  to  the  other  board,  where  a  like  examination 
shall  be  made  by  a  committee  of  that  board,  and,  if 
found  correctly  enrolled,  the  same  shall  be  signed  by 
the  mayor. 

Sect.  17.  All  ordinances,  before  being  read  a  sec- 
ond time,  shall  be  referred  to  the  committee  on  or- 
dinances, and,  after  being  reported  upon  by  said  com- 
mittee, shall  be  again  read,  after  which  several  read- 
ings the  question  shall  be  on  passing  the  same  to  be 
enrolled. 


RULES  AND  ORDERS  OF  CITY  COUNCIL.  239 

Sect.  18.  Every  ordinance  shall  have  as  many  ordinances, 
readings  in  each  board  as  the  rules  of  that  board  stages  of  passage 
require,  after  which  the  question  shall  be  on  passing 
the  same  to  be  enrolled,  and  when  the  same  shall  have 
passed  to  be  enrolled,  it  shall  be  sent  to  the  other  board 
for  concurrence  ;  and  when  such  ordinance  shall  have 
so  passed  to  be  enrolled  in  each  board,  the  same  shall 
be  enrolled  by  the  clerk  of  the  common  council,  and 
examined  by  a  committee  of  that  board,  and  on  being 
found  by  said  committee  to  be  correctly  enrolled,  the 
same  shall  be  reported  to  the  council,  when  the  ques- 
tion shall  be  on  passing  the  same  to  be  ordained  ;  and 
when  said  ordinance  shall  have  so  passed  to  be  or- 
dained, it  shall  be  signed'  by  the  president  of  the  com- 
mon council,  and  sent  to  the  other  board,  where  a  like 
examination  shall  be  made  by  a  committee  of  that 
board,  and,  if  found  correctly  enrolled,  the  same  shall 
be  reported  to  the  board,  and  the  question  shall  be  on 
passing  the  same  to  be  ordained  ;  and  when  the  same 
shall  have  passed  to  be  ordained  it  shall  be  signed  by 
the  mayor. 

Sect.  19.  After  the  annual  appropriations  shall  Expenditures 
have  been  made,  no  subsequent  expenditure  shall  be  restrictions,  etc. 
authorized  for  any  object,  unless  provision  for  the 
same  shall  be  made  by  a  special  transfer  from  some  of 
the  annual  appropriations,  or  by  expressly  creating 
therefor  a  city  debt ;  but  no  such  debt  shall  be  created 
unless  the  order  authorizing  the  same  pass  by  the 
affirmative  votes  of  two-thirds  of  the  whole  number  of 
each  branch  of  the  city  council,  voting  by  yeas  and 
nays. 

Sect.  20.    All  salaried  officers  which  the  city  council  Election  of  saia- 
have  a  right  to  choose,  shall  be  chosen  by  viva  voce 
vote. 


RULES  AND  ORDERS  OF  THE  BOARD 
OF  ALDERMEN. 


Rule. 
1. 


Order  of  boal- 
ness. 


Ordinances, 
stages  in  passage 
of. 

Only  one  reading 
same  day. 


Imposing  penal- 
ties or  authoriz- 
ing expenditure, 


Order  of  business:  1 — Roll  call. 
2 — Reading  journal.  3 — 
Petitions,  remonstrances, me- 
morials. 4  —  Nominations, 
appointments,  elections.  6 — 
Orders  of  the  day,  i.  e., 
unfinished  business  and  com- 
munications from  common 
council.     6 — New    business. 

Ordinances,  stages  of  passage 
prescribed  ;  to  have  but  one 
reading  on  same  day. 

Orders  and  resolutions  impos- 
ing penalties  or  authorizing 
expenditures  to  have  two 
readings  ;  but  only  one  on 
same  day. 


Rule. 
4. 


10. 


Standing  committees,  what 
to  be  appointed. 

Conduct  of  members  daring 
debate  prescribed. 

Suspension  of  rules  must  be 
unanimous. 

Committees,  mayor  to  ap- 
point all,  unless  board  other- 
wise determine. 

Speakers,  conduct  of  in  ad- 
dressing board  and  in  debate 
prescribed. 

Speaking,  limitation  as  to 
times  of,  by  members  in  de- 
bate. 

Reconsideration,  motion  for, 
when  to  be  in  order  for  con- 
sideration. 


First.    The  order  of  business  shall  be  as  follows  : — 

1.  The  mayor  shall,  at  the  hour  appointed  for  the 
meeting,  call  the  board  to  order,  and  shall  forthwith 
cause  the  roll  to  be  called,  and  the  names  of  the 
absentees  recorded. 

2.  The  journal  of  the  previous  meeting  shall  be  read. 

3.  Petitions,  remonstrances,  memorials  and  all 
other  business  requiring  the  concurrence  of  the  com- 
mon council  shall  next  be  considered  and  disposed  of. 

4.  Such  nominations,  appointments  and  elections, 
as  may  be  in  order,  shall  be  considered  and  disposed  of. 

5.  Unfinished  business  and  such  communications 
as  may  have  been  sent  up  from  the  common  council 
shall  be  taken  up. 

0.  New  business  may  be  introduced  by  any  mem. 
ber  of  the  board. 

Second.  Every  ordinance  shall  pass  through  the 
following  stages  before  it  shall  be  considered  as  hav- 
ing received  the  final  action  of  this  board,  viz.  :  First 
reading,  second  reading,  passage  to  be  enrolled,  pas- 
sage to  be  ordained,  and  shall  not  have  more  than  one 
reading  on  the  same  day. 

Third.  All  orders  or  resolutions  imposing  penalties, 
or  authorizing  the  expenditure  or  payment  of  money. 


RULES  AND  ORDERS  OF  BOARD  OF  ALDERMEN.  241 

shall  have  two  several  readings  before  they  shall  be  orders,  etc.,  to 
finally  passed  by  this  board,  and  shall  not  have  more  ings  on  different 
than  one  reading  on  the  same  day,  except  orders  to 
authorize  the  printing  of  city  documents. 

Fourth.     Standing  committees  shall  be  appointed  ^tj^^ifaj^j 
on  enrollment,  on  elections  and  returns,  on  ordinances, 
and  on  sewers  and  drains. 

Fifth.     No   member    shall    be    interrupted  while  conduct  of  mem- 
speaking,  but  by  a  call  to  order,  or  for  a  correction  of  debate. 
a  mistake,  nor  shall  there  be  any  conversation  among 
the  members  while  a  paper  is  being  read,  or  a  question 
stated  from  the  chair. 

Sixth.    The  foregoing  rules  and  order  of  business  suspension  of 
shall  be  observed  in  all  cases,  unless  suspended  by  a  unanimmis. 
unanimous  vote  of  the  members  present,  for  a  specific 
purpose. 

Seventh.    All  committees  shall  be  appointed  and  committees  to  be 
announced  by  the  mayor,  unless  the  board  shall  deter-  announced  by 

mayor. 

mine  otherwise. 

Eighth.     When  any  member  is  about  to  speak  in  speakers,  con- 
debate,  he    shall  rise  in  his  place  and    respectfully 
address  the  presiding  officer  ;  shall  confine  himself  to 
the  question  under  debate,  avoid  personality,  and  sit 
down  when  he  has  done  speaking. 

Ninth.     No  member  shall  speak  more  than  twice  speaking,  iimita- 
to  the  same  question  without  leave  of  the  board  ;  nor  of. 
more  than  once  till  all  other  members  choosing  to 
speak  shall  have  spoken. 

Tenth.  A  motion  for  the  reconsideration  of  a  vote  Reconsideration, 
shall  be  in  order  for  immediate  consideration,  if  made  to*be°ki  orde^!^^'^ 
by  a  member  voting  with  the  majority  ;  or  if  notice  be 
given  by  any  member  at  the  meeting  at  which  the  vote 
passed,  it  shall  be  in  order  at  the  next  meeting,  and 
not  afterward,  and  a  vote  deciding  a  motion  to  recon- 
sider shall  not  be  reconsidered. 


RULES   AND   ORDERS   OF   THE  COM- 
MOI^T  COUIiJ^CIL. 


Section. 

1.  President  to  take  the    chair, 

call  to  order,  cause  roll  to  be 
called,  and  names  of  absen- 
tees recorded ;  if  quorum  be 
present,  to  cause  minutes  to 
be  read  and  proceed  to  busi- 
ness. 

2.  To     preserve      order;    may 

speak  to  points  of  order  and 
decide  them,  subject  to  ap- 
peal by  any  two  members  ; 
to  appoint  all  committees 
not  elective. 

3.  To    rise    in    addressing     the 

council,  but  may  read  sitting. 

4.  To   put   no   question    except 

upon  motion  seconded, 
6.     To     declare     all    votes ;    if 
doubted,  to  require  a  count 
and  announce  result. 

6.  May  call    a    member   to   the 

chair,  and  participate  in  de- 
bate ;  not  to  resume  chair 
while  question  so  debated  is 
pending ;  to  appoint  chair- 
man of  committee  of  the 
whole. 

7.  Questions,  order  of  propound- 

ing; on  fixing  sums  and 
times,  largest  sum  and  long- 
est time  to  be  first  put. 

8.  Questions  stated,   to    be    dis- 

posed of  by  vote,  unless 
withdrawn  before  amend- 
ment, etc. 

9.  Motion  to  adjourn  always  in 

order ;  what  motions  not 
debatable. 

10.  Previous    question,   form  of ; 

when  admissible;   effect  of. 

11.  Yeas  and  nays,  to  be  taken 

on  request  of  one-fourth  of 
members  present. 

12.  Right  to  the  floor,   president 

to  determine,  when  two  or 
more  rise  at  once. 

13.  In  absence  of  president,  who 

to  preside,  etc. ;  conduct  of 
members  during  debate, 
requirements  a.s  to. 

14.  Members  not  to  be  mentioned 

by  name  in  debate;  how  may 
be  de.signated. 

15.  No  member  to  interrupt  an- 

other while  speaking,  except. 


Section. 

etc.;  calls  to  order,  how 
decided,  etc. 

16.  Speaking,    limitation    as     to 

number  of  times  and  dura- 
tion of ;  priority  of  busi- 
ness, questions  as  to,  not 
debatable. 

17.  Members  not  to  stand  while 

another  is  speaking,  or  pass 
before  speaker,  etc. 

18.  Motions,  all  to  be  reduced  to 

writing  if  required. 

19.  Motions  during  debate,  what 

in  order ;  order  of  priority  of ; 
restrictions  as  to  renewal  of 
certain. 

20.  Reconsideration,  motion  for, 

when  to  be  in  order  for  con- 
sideration. 

21.  Voting;  members,  unless  ex- 

cused from,  or  privately  in- 
terested, must  vote. 

22.  Amendments  foreign    to   the 

subject  under  consideration 
not  to  be  admitted. 

23.  Motions  and  reports  may  be 

committed  and  recommitted 
at  the  plea.sure  of  the  coun- 
cil ;  order  of  taking  ques- 
tion on  motions  to  refer,  etc. 

24.  Division  of  questions;   if  di- 

visible, majority  may  order. 

25.  Reading    of     papers;    when 

called  for  and  objected  to, 
council  may  determine  as  to. 

26.  Rules,  as  to  suspension,  alter- 

ation, or  amendment  of. 

27.  No  member  to  be  obliged  to 

serve  on  more  than  three 
committees,  nor  a.s  chairman 
of  more  than  one,  or  to  be  on 
any  having  charge  of  matter 
of  personal  interest  to  him. 

28.  Order  of  business  at  regular 

meetings  :  1 — Petitions,  re- 
monstrances, and  memorials. 
2 — Papers  from  the  board  of 
mayor  and  aldermen.3 — Un- 
finished business  of  preced- 
ing meetings.  4 — Motions, 
orders,  or  resolutions.  5 — 
Reports  of  committees.  6 — 
Communications  and  reports 
from  city  officers. 

29.  Memorials   and   papers     ad- 


RULES  AND  ORDERS. 


243 


Section. 

dressed  to  the  council,  how 
presented,  etc. 

30.  Standing  committees,  what  to 

be  appointed. 

31.  Committees,  not  to  sit  during 

sitting  of  council,  without 
special  leave,  except  com- 
mittee on  enrollment. 

32.  Committee      of     the     whole, 

these  rules  to  govern,  except 
as  to  limitation  of  times  of 
speaking. 

33.  Chairman,  of  appointive  com- 

mittees, member  first  named 
to  be ;  of  elective,  the  one 
having  highest  number  of 
votes  at  election  ;  in  case  of 
tie  vote  at  election,  members 
of  committee  to  choose. 

34.  Ordinances,  stages  of  passage 

of ;  to  have  only  one  read- 
ing on  same  day. 

35.  Orders    and    resolutions    im- 

posing penalties  or  author- 
izing expenditures  to  have 
two  readings,  but  only  one 
on  same  day. 


37 


Section. 

36.  Seats  of  members  to  be  num- 
bered and  determined  by  lot; 
not  to  be  changed  without 
permission  of  president. 

Committees  to  consist  of  three 
members  unless  otherwise 
ordered ;  no  report  to  be 
received  unless  agreed  upon 
in  committee  actually  assem- 
bled ;  reports  to  be  in  writ- 
ing. 

Committees  must  report  with- 
in two  weeks  after  appoint- 
ment of,  or,  etc. 

Meetings  of  committees; 
other  members  of  council 
may  attend,  but  may  not 
vote  at. 

Elections  of  salaried  officers. 

To  keep  minutes  of  proceed- 
ings, enter  thereon  accepted 
resolutions,  notice  reports 
and  memorials,  etc. ,  by  title 
only  or  brief  description,  etc. 

To  notify,  in  writing,  chair- 
men, of  appointment  of  their 
committees. 


38 


39. 


42. 


RIGHTS  AND   DUTIES  OF  THE  PRESIDENT. 

Section  1.  The  president  shall  take  the  chair  pre- 
cisely at  the  hour  appointed  for  the  meeting,  call  the 
members  to  order,  and  within  ten  minutes,  or  sooner 
if  a  quorum  be  present,  he  shall  cause  the  roll  to  be 
called,  and  the  names  of  the  absentees  recorded.  The 
first  business  after  the  roll  call  shall  be  the  approval  of 
the  records  of  the  last  meeting,  which  shall  be  ap- 
proved without  reading  unless  their  reading  be  called 
for  by  some  member. 

Sect.  2.  He  shall  preserve  order  and  decorum,  may 
speak  to  points  of  order  in  preference  to  other  mem- 
bers, and  shall  decide  all  such  questions  subject  to  an 
appeal  to  the  council  by  any  motion  regularly  seconded 
and  no  other  business  shall  be  in  order  until  the  ques- 
tion on  the  appeal  shall  have  been  decided.  He  shall 
appoint  all  standing  committees,  and  all  other  com- 
mittees not  required  to  be  elected  by  ballot,  or  which 
the  council  shall  not  vote  so  to  elect. 

Sect.  3.  He  shall  rise  to  address  the  council,  to 
state  facts  or  to  put  a  question,  but  may  read  sit- 
ting. 

Sect.  4.  He  shall  put  no  question  to  vote,  except 
upon  motion  of  some  member,  duly  seconded.  Pro- 
vided, that  in  all  matters  coming  down  from  the  upper 


Duties  at  opening 
meeting  of  coun- 
cil. 


Preservation  of 
order,  points  of 
order,  appeal 
from  decisions; 
president  shall 
appoint  commit- 
tees. 


Shall  rise  to 
address  council, 
etc.,  may  read 
sitting. " 


Shall  put  no 
question  except 
on  motion  sec- 
onded; excep- 
tion. 


244 


RULES  AND  ORDERS. 


To  declare  all 
votes,  if  doubted 
to  require  a 
count  and 
announce  result. 


May  call  mem- 
bers to  chair  and 
participate  in 
debate ;  shall 
appoint  chair- 
man of  commit- 
tee of  the  whole. 


Questions,  order 
of  propounding; 
naming  sums  and 
ttxing  times. 


Motion  stated  to 
be  disposed  of 
unless  with- 
drawn, etc. 


Motion  to 
adjourn;  what 
motions  not 
debatable. 


Previous  ques- 
tion. 


Yeas  and  nays 
shall  be  taken  on 
request  of  one 
member. 


board  requiring  concurrent  action,  the  question  shall 
be  on  concurring,  and  it  may  be  put  to  a  vote  without 
motion. 

Sect.  5.  He  shall  declare  all  votes,  but  if  a  mem- 
ber doubt  the  vote  he  shall  require  the  members  voting 
in  the  affirmative  and  in  the  negative  without  any 
further  debate,  successively  to  rise  and  stand  until 
they  are  counted,  and  shall  then  announce  the  result ; 
but  no  decision  shall  be  declared  unless  a  quorum  of 
the  council  shall  have  voted. 

Sect.  G.  He  may  call  any  member  to  the  chair  for 
a  period  of  time  not  extending  beyond  an  adjourn- 
ment ;  and  when  out  of  the  chair  the  president  may 
participate  in  any  debate,  but  shall  not  resume  the 
chair  while  the  same  question  is  pending  ;  and  on  go- 
ing into  a  committee  of  the  whole,  he  shall  appoint 
the  chairman.  The  president  may  state  facts  and  give 
his  opinion  on  questions  of  order  without  leaving  his 
place. 

Sect.  7.  Questions  shall  be  propounded  in  the 
order  in  which  they  are  moved,  unless  the  subsequent 
motion  be  previous  in  its  nature  ;  except  that  in  nam- 
ing sums  and  fixing  times,  the  largest  sum  and  the 
longest  time  shall  be  first  put. 

Sect.  8.  After  a  motion  is  stated  by  the  president, 
it  shall  be  disposed  of  by  a  vote  of  the  council,  unless 
withdrawn  by  the  mover  before  an  amendment  or  de- 
cision. 

Sect.  9.  A  motion  to  adjourn  shall  always  be  in 
order ;  that,  and  the  motion  to  lay  on  the  table,  and 
questions  of  the  order  of  business,  shall  be  decided 
without  debate.  Whenever  a  subject  is  laid  on  the 
table  it  may  be  taken  therefrom  at  any  time  thereafter. 

Sect.  K).  The  previous  question  shall  be  in  this 
form:  "Shall  the  main  question  be  now  put?"  It 
only  shall  be  admitted  when  demanded  by  a  majority 
of  the  members  voting,  if  a  quorum  be  present ;  and, 
until  it  is  decided,  shall  preclude  all  amendment  and 
debate  of  the  main  question  ;  and  after  the  adoption  of 
the  previous  question,  the  sense  of  the  council  shall 
forthwith  be  taken  upon  amendments  reported  by  a 
committee,  upon  all  pending  amendments  in  their 
order,  and  then  upon  the  main  question. 

Sect.  11.  The  yeas  and  nays  shall  be  taken  on  any 
question  or  motion  upon  the  request  of  one  of  the 
members  present. 


RULES  AND  ORDERS  OF  COMMON  COUNCIL.  245 

Sect.  12.    When  two  or  more  members  rise  at  the  Right  to  floor, 
same  time,  the  president  shall  name  the  member  who  Setermine!** 
is  entitled  to  the  floor. 

RIGHTS  AND  DUTIES  OF  MEMBERS. 

Sect.  13.     In  the  absence  of  the  president  the  senior  in  absence  of 
member  in  point  of  service,  present,  shall  call  the  preside"*  ^**°  *** 
council  to   order,   and  preside  until  a  president  pro 
tempore  shall  be  chosen  by  ballot ;  and  if  an  election 
is  not  effected  on  the  first  trial,  on  a  second  ballot  a 
plurality  of  votes  shall  elect.     When  any  member  is  conduct  of  mem- 
about  to  speak  in  the  council,  he  shall  rise  in  his  place  debate"""^ 
and  respectfully  address  the  presiding  officer,  confin- 
ing himself  to  the  question  under  debate,  avoid  per- 
sonality, and    sit    down  when    he    is    finished.      No 
member  shall  speak  out  of  his  place  without  leave  of 
the  president. 

Sect.  14.     No  member  shall  be  mentioned  in  debate  Members  not  to 
by  his  name,  but  may  be  described  by  the  place  he  oc-  name^during    ^ 
cupies,  or  such  other  designation  as  may  be  intelligible 
and  respectful. 

Sect.  15.     No  member  speaking  shall  be  interrupted  no  member  to 
by  another,  but  by  a  call  to  order,  or  to  correct  a  mis-  another*during 
take.      If    any    member    in    speaking    or    otherwise,  ^on^** '  ^^^'^^ 
transgresses  the  rules  of  the  council,  the  president 
shall,  or  any  member  may  call  him  to  order.     The 
member  called  to  order  shall  thereupon  immediately 
sit  down,  unless  permitted  to  explain,  and  the  council, 
if  appealed  to,  shall  decide  the  case.     If  the  decision 
be  in  favor  of  the  member  called  to  order,  he  shall  be 
at  liberty  to  proceed  ;  if  otherwise  he  shall  not  proceed 
without  the  leave  of  the  council. 

Sect.  IG.    No  member  shall  speak  more  than  twice  speaking,  iimita- 
to  the  same  question,  or  more  than  once  until  other  and dSratiinol, 
members  choosing  to  speak  shall  have  spoken,  or  more  prkfrity"of*bu8i. 
than  ten  minutes  at  each  time,  without  obtaining  leave  °^®®" 
of  the  council. 

Sect.  17.     While  the  president  or  any  other  mem-  no  member  to 
ber  is  speaking,  no  one  shall  stand  up  or  pass  unneces-  l^olheT^^speak- 
sarily  before  the  person  speaking.  '°^'  ^^^' 

Sect.  18.    Every  motion  shall  be  reduced  to  writing,  Motion  to  be 
if  the  president  directs  or  any  member  requests  it.  fng^f  re^Se^d. 

Sect.  19.     When  a  question  is  under    debate,  no  Motions,  what 
motion  shall  be  received  but  to  adjourn,  to  lay  on  the  ^ity  of!*'  ^'^*" 
table,  for  the  previous  question,  to  postpone  to  a  certain 
day,  to  commit,  to  amend,  or  to  postpone  indefinitely — 


246 


RULES  AND  ORDERS. 


Motion  for  recon- 
sideration, wben 
in  order. 


Every  member  to 
TOte  unless 
excused,  etc. 


Amendments 
forei^  to  subject 
not  admissible. 


Motions  to  com- 
mit, order  of  pro- 
cedure. 


Division  of 
question. 


Reading  of 
pai>er8. 


Suspension, 
repealing,  or 
amending  of 
rules. 


No  member 
obliged  to  serve 
on  more  than 
ttiree  commit- 
tees, etc. 


which  several  motions  shall  have  precedence  in  the 
order  in  which  they  are  arranged,  and  no  motion  to 
postpone  or  commit  shall  be  allowed  twice  on  the  same 
day,  in  the  same  stage  of  the  ordinance  or  proposi- 
tion. 

Sect.  20.  A  motion  for  the  reconsideration  of  a 
vote  shall  be  in  order  for  immediate  consideration  if 
made  by  a  member  voting  with  the  majority ;  or  if 
notice  be  given  by  any  member  at  the  meeting  at  which 
the  vote  passed,  it  shall  be  in  order  at  the  next  meeting, 
and  not  afterward,  and  a  vote  deciding  a  motion  to 
reconsider  shall  not  be  reconsidered. 

Sect.  21.  Every  member  who  shall  be  in  the  coun- 
cil when  a  question  is  put  shall  give  his  vote,  unless 
the  council,  for  special  reasons  excuse  him,  or  unless 
his  private  interests  are  involved  therein. 

Sect.  22.  No  motion  or  proposition  on  a  subject 
different  from  that  under  consideration  shall  be  ad- 
mitted under  color  of  an  amendment. 

Sect.  23.  All  motions  and  reports  may  be  com- 
mitted or  recommitted  at  the  pleasure  of  the  council. 
And  when  a  motion  is  made  to  refer  the  subject,  and 
different  committees  are  proposed,  the  question  shall 
be  taken  in  the  order  following  : — 

A  standing  committee  of  the  council. 
A  select  committee  of  the  council. 
A  joint  standing  committee. 
A  joint  select  committee. 

Sect.  24.  All  questions  shall  be  divided  when  the 
sense  will  admit  of  it,  if  called  for  by  any  member  of 
the  council. 

Sect.  25.  The  reading  of  a  paper,  when  called  for 
and  objected  to,  shall  be  determined  by  a  vote  of  the 
council. 

Sect.  2G.  No  rule  or  standing  order  of  the  council 
shall  be  suspended,  unless  all  of  the  members  present 
consent  thereto  ;  nor  shall  any  rule  or  order  be  repealed 
or  amended  unless  notice  of  the  proposed  repeal  or 
amendment  was  given  at  the  next  preceding  meeting, 
nor  unless  a  majority  of  the  whole  council  concur 
therein. 

Sect.  27.  No  member  shall  be  obliged  to  serve  on 
more  than  three  committees  at  the  same  time,  nor  be 
chairman  of  more  than  one,  nor  be  on  any  committee 
having  in  charge  matter  touching  his  individual  inter- 
est. 


RULES  AND  ORDERS  OF  COMMON  COUNCIL.  247 

Sect.  *^8.     At  each  rej?ular  meeting  of  the  council  order  of  baai- 
the  order  of  business  shall  be  as  follows  : — 

1.  Presentation   of   petitions,   remonstrances  and 
memorials. 

2.  Papers  from  the  board  of   mayor  and  alder- 
men. 

3.  Unfinished     business    of   preceding    meetings. 

4.  Motions,  orders  or  resolutions. 

5.  Reports  of  committees. 

6.  Communications  and  reports  from  city  officers. 

COMMUNICATIONS,   COMMITTEES,   REPORTS,   RESOLUTIONS, 

ETC. 

Sect.  29.     Memorials  or  any  other  papers  addressed  Memorials  and 
to  the  council  shall  be  presented  by  the  president  or  by  to  council,  hoT 
a  member  in  his  place  who  may  explain  the  subject  P'^^^ented,  etc. 
thereof ;  they  shall  be  read  by  the  president,  clerk,  or 
other  such  person  as  the  president  may  request,  and 
shall  be  taken  up  in  the  order  in  which  they  were  pre- 
sented, unless  the  council  shall  otherwise  direct. 

Sect.  30.    Standing  committees  shall  be  appointed  standing  com- 

"^  1         •  J    mittees,  what  to 

on  ordinances,  on  enrollment  and  on  elections  and  be  appointed. 
returns. 

Sect.  31.    No  committee  shall  sit  during  the  sitting  committees  not 

.,,  .i-i-i  ,  .11  iji  to  sit  during  868- 

of  the  council  without  special  leave,  except  the  com-  sion  of  council; 
raittees  on  ordinances  and  enrollment.  ^^^^^  '°°* 

Sect.  32.    The  rules  of  proceeding  in  the  council  Rules  to  i>e 
shall  be  observed  in  the  committee  of  the  whole,  so  far  mittee  onThe"™" 
as  they  may  be  applicable,  except  the  rule  limiting  the  ^  °  ^' 
times  of  speaking. 

Sect.  33.     When  a  committee  is  nominated  by  the  chairman  of 

"1.        committee,  who 

president,  the  person  first  named  shall  be  the  chair-  to  be. 
man  unless  the  president  himself  is  a  member  of  that 
committee,  in  which  case  he  shall  be  chairman.  In 
elections  of  committees  by  ballot  when  the  chairman 
is  not  especially  chosen,  the  person  having  the  high- 
est number  of  votes  shall  act  as  chairman ;  and  in 
case  of  an  equality  of  votes  between  two  or  more 
members  of  a  committee,  the  members  thereof  shall 
choose  a  chairman. 

Sect.  34.     Every  ordinance  shall  pass  through  the  ordinances, 
following  stages  before  it  shall  be  considered  as  hav-  I^|%n^iy^e 
ing  received  the  final  action  of  this  board,  viz.  :  First  Jading  same 
reading,  second  reading,  passage  to  be  enrolled,  pas- 
sage to  be  ordained  ;  but  no  ordinance  shall  have  more 
than  one  reading  on  the  same  day. 


248 


RULES  AND  ORDERS. 


Orders,  etc., 
imposing  penal- 
ties or  autnoriz- 
injj  ex]>en<liture8 
to  have  two 
readings;  only 
one  same  day ; 
exception. 


Sect.  35.  All  orders  and  resolutions  imposing 
penalties  or  authorizing  the  expenditure  or  payment 
of  money  whether  the  same  shall  have  been  appro- 
priated or  not,  and  all  orders  or  resolutions  authoriz- 
ing loans  shall  have  two  several  readings  before  they 
shall  be  finally  passed  by  this  board  ;  but  they  shall 
not  have  more  than  one  reading  on  the  same  day,  ex- 
cept orders  to  authorize  the  printing  of  any  documents 
relating  to  city  business. 

Sect.  .30.  The  seats  of  the  common  council  shall 
be  numbered  and  determined  by  lot,  and  no  member 
shall  change  his  seat  but  by  permission  of  the  presi- 
dent. 

Sect.  37.  All  committees  of  the  council  shall  con- 
sist of  three  members,  unless  a  different  number  shall 
be  specially  ordered,  and  no  report  shall  be  received 
from  any  committee  unless  agreed  to  in  committee 
actually  assembled  ;  and  all  reports  shall  be  in  writ- 
ing. 

Sect.  38.  It  shall  be  the  duty  of  every  committee 
of  the  council,  to  whom  any  subject  may  be  specially 
referred,  to  report  thereon  within  two  weeks,  or  at  the 
next  regular  meeting,  or  ask  further  time. 

Sect.  39.  Members  of  the  council  may  attend  meet- 
ings of  any  of  its  committees,  but  shall  not  vote  thereat. 

elections. 
Sect.  40.    All  salaried  officers  shall  be  chosen  by 
viva  voce  vote.     In  all  elections  for  salaried  officers  a 
time  shall  be  assigned  for  such  election  at  least  one 
day  previous  thereto. 

duties  of  the  clerk,  etc. 

Sect.  41.  The  clerk  shall  keep  brief  minutes  of 
the  votes  and  proceedings  of  the  council,  entering 
thereon  all  accepted  resolutions,  shall  notice  reports 
and  memorials,  and  other  papers  submitted  to  the 
board,  only  by  their  titles,  or  a  brief  description  of 
their  purport. 

Sect.  42.  The  clerk  shall  notify  in  writing  the 
rnitS"  "*' ''°"'  chairman  of  each  committee  of  the  council  of  the  ap- 
pointment of  such  committee. 


Seats  of  mem- 
bers, how  deter- 
mined. 


Committees  to 
consist  of  three ; 
reports  of  com- 
mittees. 


Committees  to 
report  in  two 
weeks. 


Members  of 
council  may 
attend  meetings 
of  committees. 


Officers,  how- 
chosen. 


Clerk,  duties  of. 


Clerk  to  notify 


APPENDIX. 


APPENDIX. 


ACTS  OF  1872,  CHAPTER   130. 

AN  ACT   TO    ESTABLISH   A    FREE    BRIDGE    ACROSS   THE    CONNECTICUT 
RIVER,  BETWEEN  SPRINGFIELD  AND  WEST  SPRINGFIELD. 


Section. 


6. 


County  commissioners  may  construct 
highway  and  bridge  across  Connecti- 
cut river. 

May  provide  that  portion  of  bridge 
may  be  used  for  street  railway. 

To  give  notice  of  time  and  place  for  a 
hearing,  before  laying  out,  etc. 

Damages. 

Expense  of  maintaining  and  keeping 
in  repair,  to  be  borne  by  Springfield 
and  West  Springfield. 

County  commissioners  to  file  in  the 
clerk's  ofl&ce  of  S.  J.  C.  the  amount 
of  cost  of  bridge. 

Three  commissioners  may  be  appointed 
to  apportion  cost  between  Springfield 


Section. 

and  West  Springfield ;  award  of  com- 
missioners to  be  binding  upon  all 
parties  named  therein  ;  compensation 
and  expenses  of  commission. 

8.  Springfield    and    West  Springfield  to 

have  care  of  bridge,  and  Spring- 
field care  of  highway  ;  cost  of  repairs, 
etc.,  to  be  apportioned  by  commis- 
sioners. 

9.  Liability  for  defects  in  bridge    and 

highway. 
10.  County  commissioners  may  borrow 
$150,000  on  the  credit  of  the  county  ; 
bridge  not  to  be  traveled  upon,  until 
expiration  of  right  of  Springfield 
Bridge  Co.  to  take  tolls. 


Be  it  enacted,  etc.,  as  follows :  — 

Section  1.  The  county  commissioners  of  Hampden  county 
may,  if  in  their  opinion  the  public  convenience  and  necessity 
require  the  same,  lay  out  and  construct  a  highway  and  bridge, 
with  suitable  approaches  thereto,  across  the  Connecticut  river, 
from  the  easterly  end  of  the  common  in  West  Springfield  to  some 
point  in  Springfield  opposite  thereto ;  and  may  also  lay  out  and 
construct  a  public  highway,  to  connect  the  said  bridge  with  the 
Plainfield  road,  so  called,  in  said  Springfield. 

Sect.  2.  Said  commissioners  may,  if  they  deem  it  expedient, 
in  constructing  said  bridge  provide  for  the  use  of  a  portion  thereof 
for  street  railway  purposes,  and  shall  at  all  times  after  the  com- 
pletion of  said  bridge  have  authority  to  determine  upon  what  terms 
and  under  what  conditions  street  railways  may  be  laid  and  used 
upon  and  across  said  bridge. 

Sect.  3.  Before  proceeding  to  locate  said  bridge  and  to  lay  out 
and  establish  said  highway,  the  said  commissioners  shall  give 
notice  of  the  time  when  and  the  place  at  which  they  will  meet  to 
hear  all  parties  interested,  by  causing  a  notice  of  such  time  and 
place  to  be  published  for  two  successive  weeks  in  some  newspaper 
published  in  said  county. 


262  APPENDIX. 

Sect.  4.  The  said  commissioners  shall  estimate  and  award 
damages,  occasioned  by  the  location  of  said  bridge,  and  the  laying 
out  of  said  highway,  in  the  same  manner  as  is  now  provided  by 
law  in  the  case  of  laying  out  highways,  and  any  person  aggrieved 
by  the  award  of  said  commissioners  shall  have  a  like  remedy  by 
application  for  a  jury  as  in  the  case  of  laying  out  highways  under 
the  provisions  of  the  General  Statutes. 

Sect.  5.  All  expenses  incurred  under  this  act,  including  all 
expense  of  maintaining  and  keeping  in  repair  said  bridge,  its 
approaches  and  the  said  highway,  shall  be  borne  and  paid  by  the 
city  of  Springfield  and  the  town  of  West  Springfield,  in  such  pro- 
portions and  in  such  manner  as  shall  be  determined  under  the 
following  provisions. 

Sect.  G.  When  such  bridge  and  highway  are  completed  and 
the  full  cost  thereof  ascertained,  including  therein  all  land  damages 
awarded  or  assessed,  said  county  commissioners  shall  file  a  report 
of  the  fact,  together  with  the  amount  of  such  cost,  in  the  office  of 
the  clerk  of  the  supreme  judicial  court  of  the  county  of  Hampden, 
whereupon,  and  upon  the  application  of  the  county  commissioners 
or  any  party  interested,  and  after  such  notice  as  the  court  may 
order,  said  court  may  appoint  a  board  of  three  commissioners,  who 
shall  be  sworn  to  the  faithful  discharge  of  duties  hereunder,  to. 
said  county  and  to  the  cities  and  towns  interested,  served  in  such 
manner  as  the  court  may  direct,  and  a  hearing  of  such  of  said 
parties  as  may  desire  to  be  heard,  shall  award  and  determine  what 
proportional  part  of  the  cost  so  reported,  and  what  proportional 
part  of  the  cost  of  maintaining  and  keeping  said  bridge  and 
highway  in  repair,  and  all  other  expenses  incurred  under  this  act, 
shall  be  borne  and  paid  by  the  city  of  Springfield  and  town  of 
West  Springfield  as  they  shall  award  and  determine  will  be  specially 
benefited  thereby,  and  they  shall  also  award  how  and  by  whom 
and  to  whom  such  proportional  amounts  shall  be  paid. 

Sect.  7.  The  determination  and  award  of  said  commissioners, 
or  a  majority  of  them,  shall  be  by  them  reported  in  writing  to  the 
supreme  judicial  court  for  said  county,  and  upon  the  acceptance 
thereof  by  said  court  and  judgment  and  decree  entered  thereon, 
shall  be  binding  upon  all  parties  named  therein,  and  such  proceed- 
ings may  be  had  upon  such  judgment  and  decree  to  enforce  and 
carry  the  same  into  effect  as  is  provided  by  law  in  civil  cases  in 
said  court. 

The  compensation  and  expenses  of  said  commission  shall  be  paid 
in  such  manner  as  they  shall  by  their  award  determine,  subject  to 
the  approval  of  the  said  court ;  and  all  matters  and  things  provided 
by  this  act  to  be  done  in  and  by  said  court,  except  the  final  judg- 
ment and  decree,  may  be  done  by  any  justice  thereof  as  well  in 
vacation  as  in  term  time. 


NORTH    END   BRIDGE.  263 

Sect.  8.  After  the  completion  of  said  bridge  and  highway,  the 
city  of  Springfield  and  the  town  of  West  Springfield  shall  have  the 
care  and  superintendence  of  the  said  bridge,  its  abutments  and 
piers,  and  the  city  of  Springfield  of  the  highway  leading  from  said 
bridge  to  the  Plainfield  road,  and  shall  cause  them  to  be  kept  in 
good  repair  and  safe  and  convenient  for  travel ;  the  cost  of  the 
said  repairs,  care  and  superintendence  to  be  borne  by  such  parties 
as  the  said  board  of  commissioners  shall  determine  under  the 
authority  herein  before  granted. 

Sect.  9.  Liability  for  defects  in  the  bridge,  its  piers  and  abut- 
ments, shall  exist  on  the  part  of  the  town  of  West  Springfield 
and  the  city  of  Springfield,  in  such  proportions  as  by  the  award  of 
said  commission  they  severally  pay  towards  the  cost  of  keeping 
the  same  in  repair  ;  liability  for  defects  in  the  highway  leading 
from  said  bridge  to  the  Plainfield  road  shall  exist  only  upon  the 
part  of  the  city  of  Springfield. 

Sect.  10.  The  county  commissioners  of  said  county  may  borrow 
on  the  credit  of  said  county  a  sum  not  exceeding  one  hundred  and 
fifty  thousand  dollars  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  act. 

The  said  bridge  shall  not  be  open  for  travel,  and  no  travel  shall 
be  permitted  thereon,  until  the  expiration  of  the  right  of  the 
Springfield  Bridge  Company  to  take  tolls,  as  provided  by  its 
charter.  Approved,  March  23,  1872. 


ACTS  OF  1872,  CHAPTER  131. 

AN  ACT  TO  MAKE  FREE  THE  EXISTING  BRIDGE  OVER  THE  CONNECTI- 
CUT RIVER,  BETWEEN  SPRINGFIELD  AND  WEST  SPRINGFIELD. 


Section.  i   Section. 

1.  Bridge  between  Springfield  and  West       3.     Appeal  to  jury  to  be  made  to  and  acted 

Springfield  to  be  free,  July  1,  1872.  upon  by  Worcester  county   commis- 

2.  Commissioners  to  award  damages  to  }  sioners  ;  jurors ;  jury  to  report  award 

be  paid  to  proprietors  of  the   Spring-  I  to  S.  J.  C.  for  Hampden  county, 

field  Bridge,  to  be  appointed  by  S.  J.  !     4.     Bridge  to  be  kept  in  repair,    and  cost 


C. ;  commissioners  to  determine  how 
damages  shall  be  apportioned,  and 
how  and  by  whom  cost  of  repairs, 
etc.,  shall  be  borne  ;  proprietors  of 
bridge  may  appeal  to  a  jury. 


thereof  to  be  apportioned  by  commis- 
sioners. 

5.  Liability  for  defects  in  bridge. 

6.  Fee  simple  in  toll-house,   land,    etc. 

vested  in  Hampden  county. 


Be  it  enacted,  etc.,  as  follows  : — 

Section  1.  The  bridge  over  the  Connecticut  river,  between 
Springfield  and  West  Springfield,  including  its  piers  and  abutments, 
is  hereby  laid  out  and  shall  become  a  public  highway  on  the  first 
day  of  July  next,  and  no  tolls  shall  be  demanded  or  received  for 
passing  thereon  on  or  after  that  date. 


264  APPENDIX. 

Sect.  2.  The  supreme  judicial  court  sitting  in  any  county,  or  any 
justice  thereof,  after  such  notice  as  it  may  order  upon  the  applica- 
tion of  the  proprietors  of  the  Springfield  Bridge,  or  of  ten  legal 
voters  of  Springfield  or  of  West  Springfield,  shall  appoint  a  board 
of  commissioners  consisting  of  three  disinterested  and  suitable  per- 
sons, not  residents  of  the  county  of  Hampden,  and  said  commis- 
sioners, having  been  duly  sworn  to  the  faithful  and  impartial  dis- 
charge of  their  duties,  shall,  after  due  notice  to  all  the  parties 
interested,  and  a  hearing,  determine  and  award  the  amount  to  be 
paid  to  the  said  proprietors  of  the  Springfield  Bridge  as  damages 
for  the  laying  out  of  said  bridge,  piers  and  abutments  and  way 
as  a  public  highway,  and  for  the  land,  toll-house  and  all  appur- 
tenances thereof  belonging  to  the  said  company.  Said  commis- 
sioners shall  also  determine  and  decree  what  cities  and  towns  in 
the  county  of  Hampden  are  or  will  be  specially  benefited  by  the 
provisions  of  the  first  section  of  this  act,  and  shall  determine  and 
decree  what  proportions  of  the  damages  aforesaid  shall  be  paid  by 
the  said  cities  and  towns,  and  by  the  county  of  Hampden,  respect- 
ively. Said  commissioners  shall  also  determine  in  what  propor- 
tions and  manner  the  said  county  of  Hampden,  and  cities  and 
towns  benefited  as  aforesaid,  shall  defray  the  expenses  of  the  main- 
tenance and  repairs  of  said  bridge,  abutments,  piers  and  way,  and 
all  other  expenses  properly  incurred  under  the  provisions  of  this 
act ;  and  their  determination  and  decree,  or  that  of  a  major  part  of 
them,  shall  be  made  in  writing,  and  reported  to  the  supreme  judi- 
cial court  for  the  county  of  Hampden,  and  also  to  said  proprietors  of 
the  Springfield  Bridge,  and  to  each  of  said  cities  and  towns,  and  to 
the  county  commissioners  of  Hampden  county  ;  and  the  same  shall 
be  binding  upon  all  the  parties  interested  therein,  except  that  the 
said  proprietors  of  the  Springfield  Bridge  may  appeal  to  a  jury  from 
the  award  of  the  commissioners.  And  if  the  said  corporation  shall 
not  appeal  to  a  jury  within  sixty  days  after  receiving  the  award 
and  decree  of  said  commissioners  as  aforesaid,  then  the  same  shall 
be  absolutely  binding  upon  all  the  parties  interested  therein. 
When  the  same  shall  have  been  accepted  and  judgment  entered 
thereon  by  the  supreme  judicial  court,  the  just  fees  and  expenses 
of  said  commissioners  shall  be  paid  by  such  of  the  parties  interested 
as  the  said  commissioners  may  decree :  provided,  that  no  part 
thereof  shall  be  assessed  upon  said  bridge  corporation. 

Sect.  :i  If  the  said  bridge  corporation  shall  appeal  to  a  jury  from 
the  award  of  the  said  commissioners  as  aforesaid,  their  application 
for  a  jury  shall  be  made  to  and  acted  upon  by  the  county  commis- 
sioners of  Worcester  county,  and  the  jurors  shall  be  drawn  from 
said  county,  but  the  hearing  may  be  had  before  said  jury  in  the 
county  of  Hampden,  In  all  other  respects  the  same  proceedings 
shall  be  had,  and  the  same  liability  shall  exist  in  regard  to  costs 


OLD   TOLL   BRIDGE.  256 

incurred  as  is  provided  by  law  in  the  case  of  laying  out  highways  by 
the  county  commissioners.  The  said  jury  may  revise  the  award  of 
said  commissioners,  so  far  as  relates  to  the  amount  to  be  paid  to 
the  said  bridge  corporation,  and  shall  report  their  award  to  the 
supreme  judicial  court  for  the  county  of  Hampden,  and  when  the 
same  shall  have  been  accepted  final  judgment  shall  be  entered 
upon  the  award  of  the  commissioners  aforesaid  as  modified  by  the 
award  of  said  jury.  All  damages  awarded  and  costs  incurred 
under  this  section,  shall  be  paid  by  the  same  parties  and  in  the  same 
proportions  as  provided  in  relation  to  the  payment  of  damages  in 
section  second. 

Sect.  4.  Upon  the  said  bridge,  piers,  abutments  and  way 
becoming  a  highway  as  aforesaid,  the  city  council  of  Springfield 
and  the  selectmen  of  West  Springfield  shall  have  the  care  and 
superintendence  of  the  same,  and  cause  them  to  be  kept  in  good 
repair  and  safe  and  convenient  for  travel ;  the  cost  of  repairs,  care 
and  superintendence  of  said  bridge,  its  abutments  and  piers,  shall 
be  borne  by  such  parties  as  the  board  of  commissioners  shall  deter- 
mine under  authority  hereinbefore  granted. 

Sect.  5.  Liability  for  defects  in  the  bridge,  its  abutments  and 
piers  shall  exist  on  the  part  of  Springfield  and  West  Springfield,  in 
such  proportions  as  the  county  commissioners  of  the  county  of 
Hampden  shall  determine. 

Sect.  6.  Upon  the  bridge  becoming  a  public  highway,  as  herein 
provided,  the  fee  simple  in  the  toll-house,  land  and  appurtenances 
thereof,  belonging  to  the  aforesaid  bridge  corporation,  lying  east 
of  said  bridge,  shall  be  vested  in  the  county  of  Hampden,  and  the 
income  thereof,  or  the  proceeds,  in  case  of  a  sale  thereof,  shall  be 
used  in  paying  for  said  bridge. 

Sect.  7.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  23,  1872. 


256 


APPENDIX- 


ACTS  OF  1873,  CHAPTER  200. 

AN  ACT    TO   ESTABLISH   A   FREE   BRIDGE   ACROSS   THE   CONNECTICUT 
RIVER,  BETWEEN  SPRINGFIELD  AND  AGAWAM. 


Section. 

1.  County  commissioners  may  construct 

highway  and  bridge  across  Connecti- 
cut river,  between  Springfield  and 
Agawam. 

2.  Estimation  of  damages. 

3.  Expenses  of  building  and    repairing 

bridge. 


Section. 

4.  Expenses  to   be    apportioned    among 

cities  and  towns  by  commissioners 
appointed  by  S.  J.  C. 

5.  Liability  of  Springfield  and  Agawam 

for  defects  in  bridge. 

6.  County    commissioners    may    borrow 

$100,000. 


Be  it  enacted,  etc.,  as  follows : — 

Section  1.  The  county  commissioners  of  Hampden  county,  if 
in  their  opinion  the  public  convenience  and  necessity  so  require, 
may  lay  out  and  construct  a  highway  and  bridge,  with  suitable 
approaches  thereto,  across  the  Connecticut  river,  at  or  near  the 
ferry  between  the  city  of  Springfield  and  the  town  of  Agawam. 
The  provisions  of  section  twelve  of  chapter  seventeen  of  the  Gen- 
eral Statutes,  shall  also  apply  to  said  commissioners,  and  before 
adjudication  on  the  necessity  of  constructing  such  bridge,  they 
shall  give  notice  of  a  hearing  to  all  parties  interested,  as  in  the 
case  of  laying  out  highways  under  the  provisions  of  the  General 
Statutes. 

Sect.  2.  The  said  commissioners  shall  estimate  and  award 
damages  occasioned  by  the  location  of  said  bridge  and  the  laying 
out  of  said  highway,  in  the  same  manner  as  is  now  provided  by 
law  in  the  case  of  laying  out  highways  ;  and  any  person  aggrieved 
by  the  award  of  said  commissioners  shall  have  a  like  remedy,  by 
application  for  a  jury,  as  in  the  case  of  laying  out  highways  under 
the  provisions  of  the  General  Statutes. 

Sect.  3.  All  expenses  incurred  under  this  act,  including  all 
expense  of  maintaining  and  keeping  said  bridge  in  repair,  shall 
be  paid  by  such  parties  and  in  such  proportions  as  shall  be  deter- 
mined under  the  following  provisions.* 

Sect.  4.  When  such  bridge  and  highway  is  completed,  and  the 
full  cost  thereof  ascertained,  including  therein  all  land  damages 
awarded  or  assessed,  said  county  commissioners  shall  file  a  report 
of  the  fact,  together  with  the  amount  of  such  cost,  in  the  office  of 
the  clerk  of  the  supreme  judicial  court  of  the  county  of  Hampden, 


*  Cost  of  maintaining  bridge  apportioned  by  Acts  of  1898,  ch.  .386,  sect.  1,  post. 


SOUTH    END    BRIDGE.  257 

whereupon,  and  upon  the  application  of  the  county  commissioners 
or  of  any  party  interested,  and  after  such  notice  as  said  court  may 
order,  said  court  or  a  justice  thereof  in  any  county  shall  appoint  a 
board  of  commissioners,  consisting  of  three  disinterested  and  suit- 
able persons,  not  residents  of  the  county  of  Hampden ;  and  said 
commissioners  having  been  duly  sworn  to  the  faithful  and  impar- 
tial discharge  of  their  duties,  shall,  after  due  notice  to  all  the  parties 
interested  and  a  hearing,  determine  and  decree  what  cities  and 
towns  in  the  county  of  Hampden  are  or  will  be  specially  benefited 
by  the  laying  out  and  construction  of  said  bridge  and  highway,  and 
shall  also  determine  and  decree  what  proportions  of  the  cost  and 
expenses  aforesaid  shall  be  paid  by  said  cities  and  towns  respect- 
ively. Said  commissioners  shall  also  determine  in  what  proportions 
and  manner  the  said  cities  and  towns,  benefited  as  aforesaid,  shall 
defray  the  expenses  of  maintaining  and  repairing  said  bridge  and  its 
appurtenances,  not  including  any  portion  of  the  highway,  which 
lies  easterly  of  the  abutment  of  the  bridge  in  Springfield,  or  west- 
erly of  its  abutment  in  Agawam,  and  also  all  other  expenses  prop- 
erly incurred  under  the  provisions  of  this  act,  including  their  own 
fees  ;  and  their  determination  and  decree,  or  that  of  a  major  part 
of  them,  shall  be  made  in  writing  and  reported  to  the  supreme  judi- 
cial court  for  the  county  of  Hampden  ;  and  when  the  same  is 
accepted  and  judgment  entered  thereon  by  the  court,  it  shall  be 
binding  upon  all  the  parties  interested  therein. 

Sect.  5.  Liability  for  defects  in  the  bridge  and  its  abutments 
shall  exist  on  the  part  of  the  city  of  Springfield  and  the  town  of 
Agavyam,  in  such  proportions  as  by  the  award  of  said  commis- 
sioners they  severally  pay  toward  the  cost  of  keeping  the  same  in 
repair.  Such  portions  of  the  highway  laid  out  and  constructed 
under  this  act  as  lie  easterly  of  the  abutment  of  the  bridge  in 
Springfield,  and  westerly  of  its  abutment  in  Agawam,  shall  be 
maintained  and  kept  in  repair  by  the  city  or  town  in  which  they 
are,  and  said  city  or  town  shall  be  liable  for  defects  upon  the  same, 
in  the  same  manner  as  upon  other  highways  within  their  limits.* 

Sect.  6.  The  county  commissioners  of  said  county  may  borrow 
on  the  credit  of  said  county,  a  sum  not  exceeding  one  hundred 
thousand  dollars,  for  the  purpose  of  carrying  into  effect  the  pro- 
visions of  this  act.  Approved,  April  15,  1873. 


*  Provision  as  to  liability  for  damages  ctianged  by  Acts  of  1898,  ch.  386,  sect.  2,  post. 


26  8 


APPENDIX. 


ACTS  OF  1880,  CHAPTER  236. 

AN  ACT  RELATIVE  TO  THE  APPORTIONMENT  OF  THE  COST  OF  CON- 
STRUCTING AND  MAINTAINING  A  BRIDGE  OVER  CONNECTICUT 
RIVER,  BETWEEN  AGAWAM  AND  SPRINGFIELD. 


Section. 
1.    Commissioners  to  be  appointed  to  ap- 
portion cost  of  constructing  bridge 
over  Connecticut  river. 


Section. 

2.  If  special  benefits  do  not  equal  the 
amounts  paid,  excess  to  be  paid  by 
county. 


Be  it  enacted,  etc.,  as  follows :  — 

Section  1.  At  any  time  within  six  months  from  the  passage 
hereof,  the  supreme  judicial  court  or  any  justice  thereof,  upon  the 
written  application  of  the  city  of  Springfield  or  town  of  Agawam, 
shall  appoint  a  board  of  commissioners  consisting  of  three  suitable 
and  disinterested  persons,  not  residents  of  Hampden  county,  who 
having  been  duly  sworn  to  the  faithful  and  impartial  discharge  of 
their  duties,  shall  after  due  notice  to  all  parties  interested  and  after 
a  hearing  determine  and  decree  the  amount  of  special  benefits  said 
city  and  town  receive  from  the  bridge  over  the  Connecticut  river 
constructed  under  the  provisions  of  chapter  two  hundred  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-three. 

Sect.  2.  If  said  commissioners  shall  find  that  the  special  bene- 
fits of  said  bridge  to  said  city  and  town  do  not  equal  the  cost 
of  the  bridge  including  all  land  damages  and  expenses  as  they 
appear  in  the  report  of  the  county  commissioners  on  file  in  the 
office  of  the  clerk  of  the  supreme  judicial  court  for  said  county, 
then  they  shall  determine  and  decree  that  said  Hampden  county 
shall  pay  to  said  city  and  town  the  amount  that  each  has  paid  or 
become  liable  for  on  account  of  the  construction  of  said  bridge  in 
excess  of  the  benefit  it  receives  therefrom  ;  and  their  determination 
and  decree  or  that  of  the  major  part  of  them  shall  be  made  in 
writing  and  reported  to  the  supreme  judicial  court  or  any  justice 
thereof ;  and  when  the  same  is  accepted  and  judgment  entered 
thereon  by  the  said  court  it  shall  be  binding  upon  all  parties 
interested  therein.  Said  commissioners  shall  also  determine  and 
decree  who  shall  pay  their  reasonable  fees  and  expenses. 

Sect.  3.    This  act  shall  take  effect  upon  its  passage. 

Approved,  April  23,  1880. 


SOUTH   END   BRIDGE.  259 


ACTS  OF  1898,  CHAPTER  386. 

AN  ACT  RELATIVE  TO  THE  APPORTIONMENT  OF  THE  COST  OF  MAIN- 
TAINING A  BRIDGE  OVER  THE  CONNECTICUT  RIVER  BETWEEN 
AGAVVAM  AND  SPRINGFIELD. 


Section. 
1.    Apportionment  of  expense    of   main- 
taining bridge. 


Section. 

2.    Liability  for  damages. 


Be  it  enacted,  etc.,  as  follows  :  — 

Section  1.  The  expenses  of  maintaining  and  repairing  the 
bridge  and  its  appurtenances  constructed  under  the  provisions  of 
chapter  two  hundred  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-three  shall  hereafter  be  paid  by  the  city  of  Springfield  and 
the  town  of  Agawam  in  the  following  proportions,  namely : 
Eighty-five  per  cent,  by  the  city  of  Springfield  and  fifteen  per 
cent,  by  the  town  of  Agawam. 

Sect.  2.  Said  city  and  town  shall  be  respectively  liable,  under 
the  limitations  of  the  law,  for  damages  resulting  from  defects  in 
said  bridge  and  its  appurtenances,  in  the  same  proportions  as  they 
respectively  pay  towards  the  cost  of  maintaining  and  keeping  the 
same  in  repair. 

Sect.  3.    This  act  shall  take  effect  upon  its  passage. 

Approved,  April  29,  1898. 


260 


APPENDIX. 


ACTS  OF  1872,  CHAPTER  345. 
AN   ACT   TO   SUPPLY   THE   CITY  OF   SPRINGFIELD    WITH   WATER. 


Section. 

1.  Springfield  to  be  supplied  with  water 

from  Connecticut  or  Chicopee  rivers. 

2.  To  tile  in  registry  of  deeds,  description 

of  land  taken. 

3.  May  build  aqueducts,  erect  dams  and 

reservoirs,   and  regulate  the  use  of 
water. 

4.  Liability  for  damages  ;  parties  dissatis- 

fied may  have,  a  trial  by  jury. 

6.  Rights  to  be  exercised  by  water  com- 
missioners ;  compensation  of  com- 
missioners. 

6.  " Springfield  Water  Bonds"  may  be 
issued,  not  exceeding  $1,000,000  at 
seven  per  cent,  interest. 


Section. 
7.     Rents  for  use  of  water  to  be  fixed  by 

commissioners. 
If  water  is  taken  from  Chicopee  river, 

some  reliable  method  for  measuring 

water  must  be  provided. 
Penalty  for  unlawfully    using  water, 

wantonly  diverting  the  same,  or  ren- 
dering it  impure. 
Occupant  of  tenement  liable  for  water 

rent. 
City    may    take    franchise     held    by 

Springfield  Aqueduct  Co. 
Water  may  be  used  to  generate  steam. 
Existing  rights  not  affected. 
Subject  to  acceptance  by  vote  of  city. 


8. 


9. 


10. 

11. 

12. 
13. 
14. 


Be  it  enacted,  etc.,  as  follows  : — 

Section  I.  The  city  of  Springfield  may  take,  hold  and  convey 
into  and  through  said  city  from  the  Connecticut  river,  at  any  con- 
venient point  within  the  limits  of  said  city,  or  from  the  Chicopee 
river,  at  any  convenient  point  vs^ithin  the  limits  of  said  city  or  the 
town  of  Wilbraham,  sufficient  water  for  the  use  of  said  city  and 
inhabitants,  for  the  extinguishment  of  fires,  domestic  and  other 
purposes  ;  and  may  also  take  and  hold  by  purchase  or  otherwise 
any  lands  or  real  estate  necessary  for  laying  and  maintaining 
aqueducts  or  pipes,  constructing  or  maintaining  reservoirs,  dams 
and  such  other  works  as  may  be  necessary  or  proper  for  raising, 
forcing,  retaining,  distributing,  discharging  or  disposing  of  said 
water. 

Sect.  2.  The  city  of  Springfield  shall,  within  sixty  days  from 
the  time  they  shall  take  any  lands  for  the  purposes  of  this  act,  file 
in  the  registry  of  deeds  of  the  county  and  district  in  which  such 
lands  lie,  a  description  of  the  lands  so  taken  as  certain  as  is  required 
in  a  common  conveyance  of  lands,  and  a  statement  of  the  purposes 
for  which  they  were  taken,  which  description  and  statement  shall 
be  signed  by  a  majority  of  the  water  commissioners  hereinafter 
named. 

Sect.  3.  The  said  city  may  make,  build  and  lay  down  aque- 
ducts and  pipes  from  said  sources  to,  into,  through  and  about  said 
city,  and  secure  and  maintain  the  same  by  any  works  suitable 
therefor  ;  may  erect  and  maintain  dams  to  raise  and  retain  the 


WATER    SUPPLY.  261 

water  taken  ;  may  construct  and  maintain  reservoirs  within  or 
without  said  city  ;  and  may  make,  erect  and  maintain,  and  carry 
on  such  other  works  as  may  be  necessary  or  proper  for  raising  the 
water  into  the  same,  and  forcing  and  distributing  the  water 
through  and  about  said  city  ;  may  make  and  establish  such  public 
hydrants  and  fountains  in  such  places  in  said  city  as  may,  from 
time  to  time,  be  deemed  proper,  and  may  prescribe  the  purposes 
for  which  the  same  may  be  used,  and  may  change  or  discontinue 
the  same  ;  may  distribute  the  water  throughout  said  city,  and  for 
this  purpose  may  lay  down  pipes  to  any  house  or  building  in  said  city, 
the  owner  or  owners  thereof  having  notice  and  not  objecting  there- 
to ;  may  regulate  the  use  of  said  water,  and  establish,  receive  and 
collect  the  prices  or  rents  to  be  paid  therefor  ;  and  said  city  may,  for 
the  purposes  aforesaid,  carry  and  conduct  and  maintain  any  aque- 
ducts, pipes  or  other  works,  by  them  to  be  made,  laid  down  or  con- 
ducted over,  under,  through  or  across  any  water  course,  canal, 
street,  bridge,  railroad,  highway  or  other  way,  in  such  a  manner 
as  not  to  obstruct  the  travel  or  free  use  thereof  ;  may  enter  upon 
and  dig  up  any  such  road,  street  or  way  for  the  purpose  of  laying 
down  pipes  beneath  the  surface  thereof,  and  for  maintaining  and 
repairing  the  same,  and  in  general  may  do  any  other  acts  and 
things  necessary  or  convenient  and  proper  for  carrying  out  the  pur- 
poses of  this  act. 

Sect.  4.  [S.  *Said  city  of  Springfield  shall  pay  all  damages  to 
which  any  persons  or  corporations  are  entitled,  by  reason  of  the 
taking  of  any  lands,  water,  or  water-rights,  or  by  the  construction 
or  repairing  of  any  dams,  aqueducts  or  other  works,  for  the  pur- 
poses aforesaid.  If  any  person  or  corporation  sustaining  damages 
as  aforesaid,  cannot  agree  with  the  city  upon  the  amount  of  such 
damages,  they  may  have  them  assessed  by  the  county  commis- 
sioners for  the  county  of  Hampden,  by  making  a  written  applica- 
tion therefor  within  one  year  after  sustaining  such  damages  ;  and 
either  party  aggrieved  b}^  the  doings  of  said  commissioners  in  the 
estimation  of  said  damages  may  have  the  same  settled  by  a  jury  ; 
and  if  the  damages  are  increased  by  th^  jury,  the  city  shall  pay  all 
legal  costs  ;  but  otherwise,  the  said  costs  shall  be  paid  by  the  party 
claiming  damages  ;  and  the  said  commissioners  and  jury  shall  have 
the  same  powers,  and  the  proceedings  shall  in  all  other  respects  be 
conducted  in  the  same  manner  as  provided  in  case  of  taking  land 
for  highways.] 

Sect.  5.  The  rights,  powers  and  authority  granted  to  the  city 
of  Springfield  by  this  act,  shall  be  vested  in  and  exercised  by  a 
board  of  water  commissionersf,  consisting  of  five  citizens  of  said 
city,  who  shall  be  elected  by  the  legal  voters  of  said  city  at  an  elec- 

*  Section  4  is  superseded  by  Acts  of  1873,  ch.  75,  §  3,  post  page  266. 
t  See  Acts  of  1873,  ch.  75,  §  6,  post  page  266. 


262  APPENDIX. 

tion  which  shall  be  legally  ordered  and  held  at  the  same  time  and 
date  that  the  said  city  shall  vote  upon  the  acceptance  of  this  act. 
The  said  commissioners  shall  serve  until  the  first  day  of  January 
of  the  year  eighteen  hundred  and  seventy-five.  Thereafter  the 
rights,  powers  and  authority  granted  to  the  said  city  by  this  act 
shall  be  vested  in  and  exercised  by  a  board  of  water  commission- 
ers, consisting  of  three  citizens  of  said  city,  who  shall  be  chosen  by 
the  city  council  of  said  city,  one  for  the  term  of  one  year  from  the 
first  day  of  January  in  the  year  eighteen  hundred  and  seventy-five, 
one  for  the  term  of  two  years,  one  for  the  term  of  three  years,  and 
annually  thereafter  one  water  commissioner  shall  be  so  chosen  to 
serve  for  the  term  of  three  years. 

Said  commissioners  shall  receive  such  compensation  as  the  city 
council  of  said  city  may  prescribe,  and  a  majority  of  said  commis- 
sioners shall  be  a  quorum  for  the  exercise  of  the  powers  and  duties 
prescribed  by  this  act. 

Sect.  6.*  For  the  purpose  of  paying  all  necessary  expenses  and 
liabilities  incurred  under  the  provisions  of  this  act,  said  city  shall 
issue  coupon  bonds,  signed  by  the  treasurer  of  said  city,  to  be  de- 
nominated "Springfield  Water  Bonds,"  to  an  amount  not  exceed- 
ing one  million  dollars,  payable  at  periods  not  exceeding  thirty 
years  from  the  date  thereof,  with  interest  payable  semi-annually 
at  a  rate  not  exceeding  seven  per  centum  per  annum  ;  and  said 
city  may  sell  said  bonds  at  public  or  private  sale,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act,  upon 
such  terms  and  conditions  as  it  may  deem  proper,  and  may  raise 
money  by  taxation  to  pay  said  bonds  and  interest  thereon  when 
due  ;  but  said  city  shall  not  raise  more  than  twenty-five  thou- 
sand dollars  in  any  one  year  towards  payment  of  the  principal 
of  said  bonds,  except  the  year  in  wliich  the  same  may  become 
<iue. 

Sect.  7.t  The  said  water  commissioners  shall  establish  such 
prices  or  rents  for  the  use  of  the  water,  as  to  provide  annually,  if 
practicable,  from  the  net  income  and  receipts  therefor  for  the  pay- 
ment of  the  interest  on  said  water  bonds,  and  also  after  three  years 
from  the  introduction  of  the  water  into  said  city,  for  the  further 
payment  of  not  less  than  one  per  centum  of  the  principal  of  said 
bonds.  The  net  surplus  income  and  receipts,  after  deducting  all 
expenses,  interest  and  charges  of  distribution,  shall  be  set  apart  as 
a  sinking  fund,  and  applied  solely  to  the  payment  of  the  principal 
of  said  bonds  until  the  same  are  fully  paid  and  discharged.  [R. 
The  said  water  commissioners  shall  be  trustees  of  said  fund,  and 


•  Powers  under  this  section  taken  from  commissioners  and  vested  in  city  council.    See 
Acta  of  1878,  ch.  76,  §  0,  poKt. 

t  Provisions  as  to  sinking  fund  changed  by  Acts  of  1891,  ch.  152,  post. 


WATER    SUPPLY.  263 

shall  annually,  and  as  often  as  the  city  council  may  require,  render 
an  account  of  all  their  doings  in  relation  thereto.]* 

Sect.  8.  If  the  said  city  shall  elect  to  take  water  from  the 
Chicopee  river,  it  shall  be  the  duty  of  the  water  commissioners  to 
provide  some  reliable  means  or  method  of  measuring  and  register- 
ing the  amount  of  water  taken,  as  soon  as  they  commence  taking 
the  same,  such  register  or  record  to  be  accessible  at  all  times  to 
any  interested  parties ;  and  if  the  owners  of  any  water-rights  in 
the  waters  of  said  river  and  said  city,  shall  fail  to  agree  upon  the 
mode  of  measurement,  the  method  shall  be  fixed  by  one  or  more 
engineers,  to  be  appointed  upon  the  application  of  either  party,  by 
any  justice  of  the  supreme  judicial  court. 

Sect.  9.  If  any  person  shall  use  any  water  taken  under  this 
act  without  the  consent  of  said  city,  or  shall  wantonly  or 
maliciously  divert  the  water,  or  any  part  thereof,  taken  or  held  by 
said  city,  pursuant  to  the  provisions  of  this  act,  or  corrupt  the 
same  or  render  it  impure,  or  destroy  or  injure  any  dam,  aqueduct, 
pipe,  conduit,  hydrant,  machinery  or  other  works  or  property  held, 
owned  or  used  by  said  city  under  the  authority  of  and  for  the  pur- 
poses of  this  act,  he  shall  forfeit  and  pay  to  said  city  three  times  the 
amount  of  damage  assessed  therefor,  to  be  recovered  in  an  action 
of  tort,  and  on  conviction  of  either  of  the  wanton  or  malicious 
acts  aforesaid  may  be  also  punished  by  fine  not  exceeding  three 
hundred  dollars,  or  by  imprisonment  in  jail  not  exceeding  one 
year. 

Sect.  10.  The  occupant  of  any  tenement  shall  be  liable  for  the 
payrnent  of  the  rent  for  the  use  of  water  in  such  tenement,  and  the 
owner  shall  also  be  liable,  if,  on  being  notified  of  such  use,  he  does 
not  object  thereto. 

Sect.  11.  The  said  city  of  Springfield  shall  take,  hold  and  use, 
the  franchise  and  all  of  the  reservoirs,  dams,  pipes,  hydrants  and 
other  property  now  owned  and  held  by  the  Springfield  Aqueduct 
Company,  upon  the  payment  by  the  said  city  to  the  said  Springfield 
Aqueduct  Company  of  such  a  sum  as  shall  be  mutually  agreed 
upon  by  and  between  them ;  and  in  case  they  shall  not  so  agree 
upon  the  sum  to  be  paid,  the  same  proceedings  may  be  had  as  is 
provided  in  the  fourth  section  of  this  act,  for  the  payment  of  dam- 
ages to  any  person  or  corporations  injured  by  the  taking  of  their 
lands,  water  or  waterrrights. 

[R.  Sect.  12.  The  water  taken  under  this  act  shall  not  be  used 
in  any  way  as  a  motive  power,  except  for  generating  steam.  ]t 

*  Clause  inclosed  in  brackets  repealed  by  Acts  of  1873,  ch.  76,  §  6,  post.    Trustees  to  be 
chosen  by  city  council  when  necessary. 

t  Sect.  12  is  repealed  by  Acts  of  1890,  ch.  368,  §4. 

Note. — The  board  of  water  commissioners  as  established  by  this  act  abolished  and  new 
board  established  by  Acts  of  1880,  ch.  30,  ante  page  64. 


264  APPENDIX. 

Sect.  13.  Nothing  in  this  act  shall  be  construed  to  affect  any 
existing  right  of  said  city  of  Springfield  to  draw  water  from  said 
rivers. 

Sect.  14.  This  act  shall  take  effect  upon  its  passage,  and  shall 
become  void  unless  accepted  by  a  majority  of  the  legal  voters  of 
the  city  of  Springfield,  present  and  voting  thereon,  at  a  legal 
meeting  which  shall  be  called  in  their  several  ward-rooms  for  that 
purpose,  by  the  mayor  and  aldermen  of  said  city,  within  sixty  days 
from  the  passage  of  this  act,  at  which  meeting  the  check-list  shall 
be  used.* 

Approved,  May  6,  1872. 

*  Accepted  by  a  vote  of  1,292  yeas  to  569  nays,  at  meetings  May  28,  1872. 


ACTS  OF  1873,  CHAPTER  75. 

AN  ACT  TO  AMEND  AN  ACT  TO  SUPPLY  THE  CITY  OF  SPRINGFIELD 

WITH  WATER. 


Section.  i  Section. 

1.  Springfield  may  take  water  from  brooks  j  Falls  if  water  is  taken  from  Chicopee 

in  Ludlow.  I  river. 

2.  May  make  reservoirs  for  collecting  and  ^    6.     Vacancy  in  board  of  commissioner  to 
storing  water  ;  may  unite  with  other  be  tilled  by  city  council. 


parties  in  making  structures  for  joint 
use. 

3.  Liability  for  damages ;  parties  dissatis 

fied  may  have  a  trial  by  jury. 

4.  May  supply   Chicopee  and  Chicopee  !  trustees. 

!    7.     Repeal 


Powers  granted  in  1872,  345,  §  0,  to  be 
exercised  by  city  council  ;  income, 
etc.,  from  rents  to  be  paid  into  city 
treasury  ;  sinking  fund  to  be  held  by 


Be  it  enacted,  etc.,  as  folloivs  :  — 

Section  1.  In  addition  to  the  sources  of  water-supply  named 
in  section  one  of  chapter  three  hundred  and  forty-five  of  the  acts 
of  eighteen  hundred  and  seventy-two,  the  city  of  Springfield  may, 
in  accordance  with  the  provisions  of  said  act,  take,  hold  and  con- 
vey from  Higher  brook  and  Broad  brook,  so  called,  in  the  town  of 
Ludlow,  through  Ludlow,  Wilbraham  and  Springfield,  sufficient 
water  for  the  purposes  mentioned  in  said  act  and  the  acts  in 
addition  thereto. 

Sect.  2.  The  city  of  Springfield,  by  and  through  its  board  of 
water  commissioners,  if  said  board  shall  deem  it  expedient,  may, 
for  the  purpose  of  collecting  and  storing  water  and  equalizing  the 
flow  of  water  in  the  Chicopee  river,  make  and  maintain,  upon  or 
near  said  river  or  the  streams  flowing  into  the  same,  any  reservoirs, 
dams  or  other  suitable  structures,  and  may  take  and  hold,  by  pur- 
chase or  otherwise,  such  real  estate,  water,  water-rights  or  ease- 
ments as  may  be  necessary  or  convenient  for  that  purpose  ;  and 


WATER    SUPPLY.  265 

said  city  may  unite  and  agree  with  other  parties  interested  in  the 
water  of  said  river  in  making  and  maintaining  suitable  works  and 
structures  for  their  joint  use  and  benefit. 

Sect.  3.  Said  city  of  Springfield  shall  pay  all  damages  to  which 
any  persons  or  corporations  are  entitled  by  reason  of  the  taking  of 
any  lands,  water  or  water-rights,  or  by  the  construction  or  repair- 
ing of  any  dams,  aqueducts  or  other  works  connected  with  its 
water-supply.  In  estimating  such  damages,  allowances  shall  be 
made  for  any  advantage  which  such  persons  or  corporations  may 
receive  from  the  water  supplied  by  means  of  compensating  dams 
and  reservoirs  as  herein  provided. 

If  any  persons  or  corporations  sustaining  damages  as  aforesaid 
cannot  agree  with  said  city  upon  the  amount  of  such  damages, 
they  may  have  them  appraised  by  the  county  commissioners  for  the 
county  of  Hampden,  by  making  a  written  application  therefor 
within  one  year  after  sustaining  such  damages  ;  and  either  party 
aggrieved  by  the  doings  of  said  commissioners  in  the  estimation  of 
said  damages,  may  have  the  same  settled  by  a  jury  ;  and  if  the 
damages  are  increased  by  the  jury,  the  city  shall  pay  all  legal 
costs  :  but  otherwise,  the  said  costs  shall  be  paid  by  the  party 
claiming  damages  ;  and  the  said  commissioners  and  jury  shall 
have  the  same  powers,  and  the  proceedings  shall  in  all  respects  be 
conducted  in  the  manner  provided  in  the  case  of  taking  land  for 
highwaj^s.  If  any  persons  or  corporations  suffer  damage  by  reason 
of  the  failure  of  said  city  at  any  time  to  maintain  the  compensating 
dams  and  reservoirs  originally  provided,  they  may,  upon  applica- 
tion to  the  county  commissioners,  have  a  new  appraisal  of  damages, 
subject  to  a  like  appeal  to  a  jury. 

Sect.  4.  In  case  the  Chicopee  river,  or  any  of  its  branches 
is  selected  as  the  source  of  water-supply  for  the  city  of  Springfield, 
said  city,  with  the  written  consent  of  the  selectmen  of  Chicopee, 
duly  authorized  thereto,  by  a  vote  of  the  town,  at  a  meeting  called 
for  that  purpose,  may  supply  the  villages  of  Chicopee  and  Chicopee 
Falls,  or  either  of  them,  with  water,  upon  such  terms  and  conditions 
as  may  be  agreed  upon  by  and  between  the  water  commissioners 
of  said  city  and  tlie  selectmen  of  said  town  ;  and  for  that  purpose 
may  take  and  hold  real  estate  necessary  therefor,  and  extend  its 
pipes,  and  with  such  consent,  dig  up  and  open  any  street  or  way 
in  said  town  for  placing  and  maintaining  such  pipes  and  aqueducts 
as  may  be  necessary  for  the  purposes  set  forth  in  this  section. 

Sect.  5.  In  case  a  vacancy  at  any  time  exists  in  the  board  of 
water  commissioners  of  said  cit}*  of  Springfield,  by  reason  of  death, 
resignation  or  otherwise,  a  citizen  of  Springfield  shall  be  elected 
by  a  joint  vote  of  the  city  council  of  said  city  to  fill  such  vacancy. 

Note. — Tlie  board  of  water  commissioners  referred  to  in  this  act  abolished  and  new 
boanl  establislied.    Acts  of  1880,  ch.  30,  ante  page  54. 


266 


APPENDIX. 


Sect.  6.  The  rights,  power  and  authority  granted  in  section 
six  of  chapter  three  hundred  and  forty-five  of  the  acts  of  eighteen 
hundred  and  seventy-two,  shall  be  exercised  by  the  city  council  of 
the  city  of  Springfield,  and  not  by  the  board  of  water  commission- 
ers ;  and  all  moneys  expended  and  liabilities  incurred  under 
authority  of  said  chapter  and  of  this  act,  shall  be  paid  from  the  city 
treasury  upon  proper  vouchers,  approved  by  said  board  of  water 
commissioners.  The  income  and  receipts  from  rents  for  the  use  of 
water,  shall  be  paid  by  the  water  commissioners,  from  time  to  time, 
and  as  often  as  once  in  six  months,  into  the  city  treasury,  and  the 
surplus  thereof,  after  paying  all  necessary  expenses  of  maintaining 
the  aqueduct  and  conducting  the  business,  shall  be  used  for  the  same 
purposes  as  provided  in  section  seven  of  said  chapter.  The  sink- 
ing fund  created  by  said  section  shall  be  held  by  three  trustees,  to 
be  chosen  by  the  city  council  at  such  times  and  for  such  terms  as 
said  city  council  may  determine,  and  said  trustees  shall  annually, 
and  as  often  as  said  city  council  shall  require,  render  an  account 
of  all  their  doings  in  relation  to  said  fund.* 

Sect.  7.  All  acts  and  parts  of  acts  inconsistent  herewith,  are 
repealed. 

Sect.  8.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  H,  1873. 

Note. — See  Acts  of  1880,  ch,  30,  ante  page  64. 

•Sinking  fund  to  be  held  by  sinking  fund  commissioners.  See  Acts  of  1891,  ch.  162, 
post. 


ACTS  OF  1874,  CHAPTER  208. 

AN  ACT  TO  AMEND  AN  ACT  TO  SUPPLY  THE  CITY  OF  SPRINGFIELD 
WITH  PURE  WATER. 


Section. 
1.    Springfield  may    convey  water   from 
Belchertown  and  Ludlow. 


Section. 

2.    City  to  pay  damages  for  taking  land  or 
water-rights ;  see  1873,  ch.  76,  §  3. 


Be  it  enacted,  etc.,  as  follows : — 

Section  1.  In  addition  to  the  sources  of  water-supply  named 
in  section  one  of  chapter  three  hundred  and  forty-five  of  the  acts 
of  eighteen  hundred  and  seventy-two,  and  chapter  seventy-five  of 
the  acts  of  eighteen  hundred  and  seventy -three,  the  city  of  Spring- 
field may,  in  accordance  with  the  provisions  of  said  acts,  take,  hold 
and  convey  from  Broad  brook  within  the  limits  of  the  town  of  Bel- 
chertown, the  water  of  said  brook  to  any  pond  or  reservoir  of  the 
said  city  in  the  town  of  Ludlow  or  elsewhere. 


WATER    SUPPLY.  267 

And  they  may  in  the  manner  aforesaid  take  or  hold  any  lands 
within  the  limits  of  the  town  of  Belchertown  aforesaid  needed  for 
reservoir-dams  and  canals,  to  store  and  convey  the  waters  from  said 
brook  to  said  reservoir,  and  in  addition  thereto,  they  may  take  so 
much  land  upon  both  sides  of  said  brook  within  the  limits  of  said 
town  of  Belchertown  as  the  board  of  water  commissioners  of  the 
city  of  Springfield  may  deem  expedient,  for  the  purpose  of  preserv- 
ing the  purity  of  the  waters  of  said  brook. 

Sect.  2.  Said  city  shall  pay  all  damages  to  which  any  person 
or  corporation  is  entitled  by  reason  of  the  taking  of  any  land, 
water,  or  water-rights,  under  the  provisions  of  this  act,  the  same 
to  be  estimated  and  determined  in  the  same  manner,  and  subject 
to  the  like  limitations  as  are  provided  for  the  estimate  and  pay- 
ment of  the  like  damages,  by  the  provisions  of  said  chapter 
seventy-five  of  the  year  eighteen  hundred  and  seventy-three. 

Sect.  3.     This  act  shall  take  effect  upon  its  passage. 

Approved,  April  28,  1874. 


ACTS  OF  1874,  CHAPTER  243. 


AN   ACT  TO  AUTHORIZE   THE   CITY   OF   SPRINGFIELD   TO   ISSUE    ADDI- 
TIONAL WATER  FUND  BONDS. 


Section. 

1.    Springfield  may  issue  additional  water  bonds,  not  exceeding  $200,000.     See  1873, 
cli.  75,  §6. 

Be  it  enacted,  etc.,  as  follows : — 

Section  1.  The  city  council  of  the  city  of  Springfield  may  for 
the  purpose  mentioned  in  chapter  three  hundred  and  forty-five  of 
the  acts  of  eighteen  hundred  and  seventy-two,  and  chapter  seventy- 
five  of  the  acts  of  eighteen  hundred  and  seventy-three,  issue  bonds 
to  an  amount  not  exceeding  two  hundred  thousand  dollars,  in  addi- 
tion to  the  amount  therein  authorized  to  be  issued,  upon  like  terms 
and  conditions  and  with  like  powers  in  all  respects  as  are  provided 
in  said  acts  for  the  issue  of  bonds  of  said  city. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

Approved,  May  18,   187^. 


268 


APPENDIX. 


ACTS  OF  1879,  CHAPTER  147. 

AN   ACT  TO   rUKSKRVE  THE  PURITY  OF  THE   WATER  SUPPLY  OF  THE 

CITY  OF  SPRINGFIELD. 


Section. 

1.     Fish  not  to  be  taken  from  reservoir 
witliout  consent  of  commissioners. 


Section. 

2.  Boats  not  to  be  put  in  reservoirs  with- 

out consent,  etc. 

3.  Penalties. 


Be  it  enacted,  etc.,  as  folloivs : — 

Section  1.  No  person  shall  take  any  fish  from  any  reservoir  or 
canal  held  or  owned  by  the  city  of  Springfield  for  the  purpose  of 
supplying  the  inhabitants  of  said  city  with  water,  without  the  per- 
mission of  the  board  of  water  commissioners  of  said  city. 

Sect.  -L  No  person  shall  put  or  place  any  boat  in  or  upon  the 
waters  of  any  of  the  reservoirs  or  canals  aforesaid,  without  the  per- 
mission of  said  board  of  water  commissioners. 

Sect.  .').  Whoever  violates  any  provisions  of  this  act  shall  be 
punished  by  a  fine  of  not  less  than  two  nor  more  than  fifty  dollars, 
to  be  recovered  on  complaint  before  any  court  of  competent  juris- 
diction. 

Sect.  4.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  25,  1879. 


ACTS  O^   188U,  CHAPTER  ;J08. 


AN  act  to  AUTHORIZE  THE  CITY  OF  SPRINGFIELD  TO  ISSUE  ADDI- 
TIONAL WATER  BONDS  AND  TO  SUPPLY  THE  TOWN  OF  LUDLOW 
WITH  WATER  FOR  CERTAIN  PURPOSES. 


Section. 

1.  May  issue  coupon  water  bonds  ;  sink- 

ing fund. 

2.  Subject  to  a  two-thirds  vote  of  the  city 

council. 

8.  To  raise  by  taxation,  etc.,  sufficient  for 
payment  of  interest,  etc.  New  dis- 
tribution mains. 

4.    Repeal  of  Acts  of  1872,  ch.  346,  secU  12. 


Section. 

6.  If  water  main  is  laid  in  Ludlow,  the 
city  of  Springfield  shall  not  interfere 
with  use  of  streets,  etc.,  further  than 
necessary  to  perform  the  work. 
Towns  to  take  water  for  watering 
troughs,  cemeteries,  hydrants,  etc. 
Water  facilities  to  be  furnished  along 
line  of  works. 


Be  it  enacted,  etc.,  as  follows  :—r 

Section  1.    The  city  of  Springfield,  acting  by  its  city  council, 
is  hereby  authorized  to  issue  coupon  water  bonds,  to  be  signed  by 


WATER    SUPPLY.  269 

its  treasurer  and  its  mayor,  to  an  amount  not  to  exceed  four  hun- 
dred and  fifty  thousand  dollars,  payable  at  a  period  not  to  exceed 
forty  years  from  their  date,  with  interest  payable  semi-annually  at 
a  rate  not  to  exceed  four  per  centum  per  annum,  for  the  purpose  of 
raising  money  with  which  to  pay  for  a  new  and  additional  water 
main  from  its  source  of  water  supply  in  Ludlow,  in  the  county  of 
Hampden,  to  and  into  said  city.  The  sinking  fund  provisions  of 
chapter  three  hundred  and  forty-five  of  the  acts  of  the  year  eight- 
een hundred  and  seventy -two  and  of  all  acts  in  amendment  thereof 
shall,  so  far  as  applicable,  apply  hereto. 

Sect.  2.  Said  main  shall  not  be  constructed,  nor  any  contract 
relating  thereto  made,  until  the  said  city  council  shall  by  a  two- 
thirds  vote  authorize  the  issue  of  said  bonds  ;  and  such  issue  shall 
not  be  authorized. in  excess  of  the  amount  which  said  city  council 
shall  determine  to  be  necessary  for  the  construction  of  a  main  of 
such  a  size  as  said  council  shall  by  such  vote  authorize  the  board 
of  water  commissioners  of  said  city  to  lay. 

Sect.  3.  The  city  council  of  said  city  shall  annually  include  in 
the  appropriation  of  money  to  be  raised  by  taxation  such  a  sum  as 
it  shall  determine  will  be  required  during  the  then  municipal  year 
to  meet  the  interest  on  the  Springfield  water  bonds  and  on  bonds 
issued  under  the  authority  hereof,  that  shall  not  be  met  by  the  esti- 
mated net  income  of  the  water  department ;  and  in  estimating  said 
net  income,  all  expenses  of  said  department,  including  the  esti- 
mated cost  of  new  distribution  mains  to  be  laid  during  such  year, 
shall  be  taken  into  account ;  and  said  city  council  shall  annually 
determine  what  sum  of  money  shall  be  expended  by  the  water  com- 
missioners for  new  distribution  mains. 

Sect.  4.  Section  twelve  of  said  chapter  three  hundred  and 
forty-five  is  hereby  repealed. 

Sect.  5.  If  the  water  main  authorized  to  be  laid  by  this  act 
shall  be  laid  in  said  town  of  Ludlow,  said  city  of  Springfield  shall 
not  interfere  with  the  use  of  the  streets  or  public  ways  in  said 
town,  by  taking  up  the  same  or  otherwise,  further  than  is  neces- 
sary to  the  performance  of  said  work,  and  said  city  shall  leave 
such  streets  or  ways  after  completion  of  said  work,  and  after  the 
settling  of  any  ditches  or  excavations  made  in  the  course  of  said 
work,  in  as  good  condition  and  repair  as  the  same  were  in  before 
said  work  was  begun  ;  and  shall  be  liable  to  the  same  extent  that 
said  town  might  be  held  liable  for  any  damage  caused  by  any 
defect  created  by  said  city  in  such  streets  or  ways  ;  and  shall  fur- 
nish such  police  protection  as  is  necessary  to  the  preservation  of 
the  public  order  and  security  along  the  line  of  said  works  during 
the  prosecution  thereof ;  and  said  city  shall  allow  said  town  to 
take  from  said  main  sufficient  water  for  the  supply  of  a  watering 
trough  at  Ludlow  Center  and  at  Ludlow  Village,  so  called,  and 


270 


APPENDIX. 


for  the  supply  of  the  two  cemeteries  in  said  town  to  the  extent 
heretofore  used  therein,  without  charge  ;  and  shall  provide  at  the 
expense  of  said  town  for  connections  for  hydrants,  not  exceeding 
six  in  number,  to  be  used  for  fire  purposes  only,  and  to  be  erected 
by  said  town  at  such  places  on  the  line  of  its  works  as  may  be  des- 
ignated by  the  selectmen  before  the  laying  of  said  pipe,  and  shall 
furnish  a  supply  of  water  for  the  same  without  charge  ;  and  said 
city  shall  also  furnish  to  residents  of  said  town  along  the  line  of 
its  works,  and  may  furnish  in  any  place  where  connection  with 
said  works  now  exists,  the  same  privileges  and  facilities  in  and  for 
the  use  of  its  water  that  are  furnished  to  the  residents  of  said  city 
of  Springfield,  so  long  as  it  can  do  so  without  injury  to  said  city. 
The  provisions  of  this  section  may  be  enforced  by  injunction  or 
other  appropriate  process  by  any  court  possessing  equity  jurisdic- 
tion. 

Sect.  G.    This  act  shall  take  effect  on  the  first  day  of  January 
next.  Approved,  May  24,  1889. 


ACTS  OF  1800,  CHAPTER  303. 


AN  ACT  TO  PROVIDE  AN  ADDITIONAL  WATER  SUPPLY  FOR  THE  CITY 

OF  SPRINGFIELD. 


Section. 

1.  City  may  Increase    its    water   supply, 

water  from  Jabish  brook  in  Belcher- 
town,  etc.  May  erect  dams  and  res- 
ervoirs, lay  down  conduits,  etc. 

2.  A  description  of  land  taken  to  be  re- 

corded in  registry  of  deeds.  Method 
of  measuring  water.  Amount  of 
water  decided  to  be  taken  to  be  re- 
corded. 

8.  May  take  all  water  below  Dorman's 
mill.  When  city  changes  its  method 
of  taking  water,  new  certilicate  to 
be  recorded. 

4.    Value  for  manufacturing  purposes  to  be 


Section. 

determined  by  actual  quantity  of 
water  taken.  Deduction  for  waste 
of  water. 

5.  Water  compensation  for  mills  on  Chic- 

opee  river.  City  to  pay  damages  for 
taking  land. 

6.  City  may  erect  storage  reservoirs. 

7.  Rights  of  riparian  owners    on  brook 

above  land  taken  not  to  be  affected. 

8.  City  may  issue  bonds. 

9.  Taxation  of  lands  acquired  in  Belcher- 

town.  Collection  and  abatement  of 
taxes. 


Be  it  enacted,  etc. ,  as  folloivs :  — 

Section  1.  The  city  of  Springfield,  acting  by  its  board  of  water 
commissioners,  may,  from  time  to  time  by  purchase  or  otherwise 
and  for  the  purpose  of  increasing  its  water  supply,  take,  hold  and 
convey  to  and  into  its  system  of  water  supply  at  any  point  thereof 
the  water  of  any  or  all  of  the  ponds,  with  the  land  thereunder,  and 
the  springs,  surface  and  underground  currents  tributary  thereto, 
which  are  located  in  said  Springfield  northerly  of  the  north  branch 
of  Mill  river,  so  called  ;  and  may,  for  the  purpose  of  increasing  its 


WATER    SUPPLY.  271 

water  supply  during  the  months  of  June,  July,  August,  September 
and  October  in  each  year,  take,  hold  and  convey  as  aforesaid  dur- 
ing such  months  from  any  convenient  point  on  Jabish  brook  below 
Dorman's  mill  in  the  town  of  Belchertown,  to  an  amount  to  be 
established  in  the  way  hereinafter  provided,  such  a  part  of  the 
water  of  said  brook  as  shall  be  determined  by  said  board  to  be  nec- 
essary for  the  supply  of  said  city  with  water  during  all  of  the  said 
months  for  the  purposes  now  authorized  by  law  ;  and  may  by  pur- 
chase or  otherwise,  for  the  purpose  of  increasing  said  water  supply 
during  all  said  months,  take  all  of  said  water  of  said  brook  below 
said  Dorman's  mill,  and  may  by  purchase  or  otherwise  take  any 
and  all  lands,  property,  rights  of  way  and  easements  that  may  be 
necessary  for  holding,  storing,  preserving  and  conveying  any  of 
said  water  as  aforesaid  and  for  carrying  out  the  objects  of  this  act ; 
and  may  erect  on  any  lands  so  taken  proper  dams,  reservoirs,  fix- 
tures, structures,  machinery  and  apparatus,  may  make  such  exca- 
vations and  provide  such  other  means  as  may  be  necessary  or  advis- 
able for  said  purpose  ;  and  may  construct  and  lay  down  such  con- 
duits, canals,  pipes  or  other  works,  under,  through  or  over  any 
lands,  water-courses,  railroads  and  public  and  private  ways,  as  may 
be  necessary  or  advisable  for  said  purposes ;  and  for  all  proper 
purposes  of  this  act  may  dig  up  any  such  lands  and,  under  the 
direction  of  the  board  of  selectmen  of  said  town,  may  enter  upon 
and  dig  up  any  such  public  ways  in  said  town,  and  may  dig  up  any 
such  w^ays  in  said  Springfield,  in  such  a  manner  as  to  cause  the 
least  hindrance  to  public  travel ;  and  shall  hold  the  town  in  which 
such  ways  are  located  harmless  from  all  liability  to  parties  claim- 
ing damages  from  any  cause  resulting  from  its  acts. 

Sect.  2.  Said  city  of  Springfield  shall,  within  sixty  days  after 
taking  any  rights  of  way,  easements,  land  or  property  for  any  of 
the  purposes  herein  authorized,  or  taking  the  water  of  all  or  any  of 
said  ponds  with  the  land  thereunder  or  the  springs  and  currents 
tributary  to  such  ponds,  file  and  cause  to  be  recorded  in  the  regis- 
try of  deeds  for  the  county  in  which  any  such  land,  rights  of  way, 
easements,  ponds  or  property  taken  are  situated,  a  description  of 
such  land,  rights  of  way,  easements,  ponds  or  property  sufficiently 
accurate  for  identification  ;  which  description  shall  be  signed  by 
said  board  :  and  if  said  city  shall  elect  to  take  by  measurement  as 
herein  provided  any  of  the  water  of  said  Jabish  brook  for  the  sup- 
ply of  said  city  during  said  five  months  it  shall  file  in  the  registry 
of  deeds  for  the  county  of  Hampshire,  within  sixty  days  after  it 
shall  have  so  elected,  a  statement  in  writing,  signed  by  said  board, 
setting  forth  that  it  has  elected  to  take  such  water  by  measure- 
ment under  the  provisions  of  this  act  and  in  the  way  herein  pro- 
vided ;  and  upon  the  filing  of  said  statement  as  aforesaid  said  city 
may  proceed,  under  the  authority  hereinbefore  given,  to  take  any 


272  APPENDIX. 

and  all  land,  rights  of  way,  easements  and  property,  and  to  erect 
any  and  all  structures,  macliinery  and  apparatus,  and  do  any  and 
all  acts  necessary  or  advisable  for  the  diversion  and  use  of  the 
water  of  said  Jabish  brook  by  measurement  as  herein  authorized  ; 
and  it  shall  provide  a  suitable  method  of  measuring  any  water  that 
it  shall  divert  from  said  brook,  which  method  shall  be  open  to  the 
inspection  of  any  party  interested  and  may  be  fixed  by  one  or 
more  civil  engineers  to  be  appointed,  upon  the  application  of  any 
party  interested,  after  due  notice  and  hearing,  by  any  justice  of 
the  superior  court.  Said  city,  if  it  takes  said  water  by  measure- 
ment, shall,  by  the  vote  of  its  board  of  water  commissioners,  before 
diverting  any  of  the  water  of  said  brook,  determine  annually  the 
daily  quantity  of  water  it  elects  to  divert  from  said  brook  during 
said  period  of  five  months  ;  and  shall,  before  diverting 'the  same, 
file  in  the  registry  of  deeds  for  Hampshire  county  a  certificate 
signed  by  said  board  stating  the  daily  quantity  of  water  said  city 
has  determined  to  take  and  divert  as  aforesaid ;  and  the  filing  of 
said  certificate  shall  be  deemed  to  be  the  taking  and  appropriating 
of  the  quantity  of  water  therein  stated  for  the  period  therein 
named  ;  but  said  city  shall  not  be  liable  for  damages  by  reason  of 
the  taking  and  appropriation  as  aforesaid  nor  shall  any  proceed- 
ings for  the  recovery  of  such  damages  be  maintained  until  such 
period  of  five  months  shall  have  expired. 

Sect.  3.  Said  city,  acting  by  said  board,  may,  for  said  purpose 
at  any  time,  take  all  of  the  water  of  said  brook  at  any  convenient 
point  below  said  Dorman's  mill  during  all  of  said  months  in  each 
year ;  and  may,  at  any  time,  take  all  of  the  water  of  said  brook 
and  its  tributaries  at  any  convenient  point  below  said  mill  for  the 
permanent  and  constant  increase  of  its  said  water  supply  ;  and 
any  election  which  shall  be  made  by  said  city,  as  to  the  quantity 
of  water  it  will  take  and  the  time  during  which  it  will  take  the 
same,  shall  not  deprive  said  city  of  the  right  to  thereafter  take  said 
water  in  any  way  authorized  by  this  act  and  differing  from  that 
under  which  said  city  may  have  been  taking  said  water  ;  but  when- 
ever said  city  shall  change  its  method  of  taking  said  water  and 
make  a  new  election  under  the  authority  thereof,  or  if  it  shall  take 
all  of  the  water  of  said  brook,  it  shall  file  in  the  registry  of  deeds 
for  said  county  of  Hampshire  a  new  certificate  as  aforesaid,  set- 
ting forth  what  quantity  of  water  and  for  what  time  it  has  decided 
to  take  the  same,  and  the  filing  of  said  certificate  shall  be  deemed 
to  be  the  taking  of  the  water  therein  determined  ;  but  no  damages 
therefor  shall  be  recovered  until  the  water  has  actually  been 
diverted. 

Sect.  4.  In  estimating  the  value  for  manufacturing  purposes 
or  the  creation  of  power,  of  any  water  taken  hereunder  by  said 
city,  the  actual  quantity  of  water  to  be  diverted,  withdrawn  and 


WATER    SUPPLY.  273 

conveyed  away  from  said  brook  only  shall  be  considered  ;  and  in 
no  event  shall  said  city  be  held  liable  for  the  value  for  manufac- 
turing purposes  of  more  water  than  is  actually  diverted  if  the  same 
is  taken  by  measurement  as  herein  provided,  or  for  more  water 
than  the  construction  of  the  works  provided  for  the  conveying  of 
said  water  will  admit  of  being  diverted  and  withdrawn  from  the 
natural  flow  of  said  brook,  if  said  water  is  not  taken  by  measure- 
ment as  aforesaid.  Such  quantities  of  water  as  may  be  taken  from 
said  brook  by  said  city  in  times  of  freshet  or  flood,  or  whenever 
there  is  a  wastage  or  surplus  of  water  flowing  over  the  dams  in 
the  course  of  said  brook  below  the  point  of  intaking  of  said  city, 
shall  not  be  charged  against  said  city  in  estimating  and  determin- 
ing damages  caused  to  mill  owners  and  manufacturing  corpora- 
tions by  the  diversion  of  said  water  by  the  said  city  of  Springfield 
under  the  authority  of  this  act,  unless  actual  damage  resulting 
therefrom  is  shown.  If  any  measurable  portion  or  part  of  the 
water  withdrawn  from  said  brook  by  said  city  at  the  point  of  intak- 
ing shall  at  any  time  during  its  conveyance  through  the  towns 
of  Belchertown  and  Ludlow  or  after  its  reception  in  any  storage 
reservoir  or  basin  of  said  city,  or  if  any  measurable  quantity  or 
quantities  of  water  from  any  source  or  sources  owned  and  con- 
trolled by  said  city  shall  be  wasted  or  discharged  from  the  works 
of  said  city  and  restored  to  any  water-course  through  which  the 
water  diverted  and  withdrawn  from  said  Jabish  brook  would  have 
naturally  flowed  had  it  not  been  withdrawn  and  diverted,  such 
quantity  or  quantities  of  water  shall  be  deducted  from  the  amount 
withdrawn  from  said  Jabish  brook  at  the  point  of  intaking  in  esti- 
mating the  damages  to  which  any  persons  or  corporations  below 
the  point  of  restoration  of  said  water  may  be  subjected ;  and  the 
quantity  of  water  being  drawn  during  the  different  hours  of  the 
day  shall  be  taken  into  consideration. 

Sect.  5.  Said  city  shall,  for  the  purpose  of  a  water  compensa- 
tion to  any  parties  owning  or  operating  mills  or  mill  privileges  on 
Chicopee  river  for  any  water  of  which  they  may  be  deprived  by 
the  taking  of  any  of  the  water  of  Jabish  brook  as  aforesaid,  cause 
to  be  released  daily,  whenever  the  same  can  be  done  without  det- 
riment to  the  supply  of  water  required  for  its  own  uses,  from 
Cherry  valley  reservoir  into  the  old  bed  of  Broad  brook,  a  quan- 
tity of  water  not  less  than  that  being  taken  from  said  Jabish  brook, 
and  the  value  thereof  shall  be  considered  in  the  estimation  of  any 
damages  claimed  by  said  parties  ;  and  said  parties  may  by  appro- 
priate remedy  compel  said  city  to  thus  release  said  water.  Said 
city  shall  pay  all  damages  suffered  by  any  person  in  his  property 
by  the  taking  of  any  land,  rights  of  way,  easements,  water  rights 
or  property  as  hereinbefore  provided,  or  from  any  other  acts  done 
under  the  authority  hereof,   but  no  damages  shall  be  recovered 


274  APPENDIX. 

from  the  taking  of  water  until  the  water  is  actually  diverted.  Any 
damages  suffered  shall  be  assessed  and  determined  in  the  way  and 
manner  provided  by  law  when  land  is  taken  for  the  laying  out  of 
highways,  and  all  proceedings  for  the  recovery  of  damages  shall 
be  brought  within  and  not  later  than  three  years  after  the  right  of 
action  accrues  ;  and  if  said  city  shall  take  said  water  by  measure- 
ment as  hereinbefore  provided,  any  depreciation  in  the  value  of  the 
property  of  any  person  by  reason  of  any  uncertainty  in  the  flow  of 
said  brook  that  shall  result  from  such  taking,  shall  be  considered 
in  the  first  petition  brought  by  any  person  for  damages. 

Sect.  (J.  Said  city  is  authorized  to  erect  at  any  point  on  said 
Jabish  brook  below  the  point  from  which  it  shall  divert  any  of  the 
water  thereof  and  above  the  junction  of  said  brook  with  Swift 
river,  so  called,  storage  reservoirs  for  the  storage  of  water  to  com- 
pensate any  owner  of  mills  or  mill  privileges  for  any  water  of 
which  such  owner  may  be  deprived  by  reason  hereof  ;  and  the  ben- 
efit such  owner  may  receive  thereby  shall  be  taken  into  considera- 
tion in  estimating  any  damages  he  may  suffer  under  any  acts  done 
under  the  authority  hereof  ;  and  for  the  purpose  of  the  erection  of 
said  reservoirs  said  city  may,  in  the  way  hereinbefore  provided  for 
the  taking  of  other  lands,  take  any  and  all  lands,  ways  and  other 
property  necessary  therefor,  and  erect  thereon  any  and  all  dams 
and  other  structures  required  for  the  construction  of  such  reser- 
voirs. 

Sect.  7.  The  provisions  hereinbefore  contained  shall  not  be 
construed  to  affect  or  restrict  the  right  of  riparian  proprietors  on 
said  Jabish  brook  above  the  land  taken  and  used  for  the  purposes 
of  this  act  to  use  said  brook  for  any  purpose  authorized  by  law  ; 
nor  as  preventing  the  use  of  the  water  of  the  brook  for  the  purpose 
of  supplying  the  town  of  Belchertown  with  water  for  fire  and 
domestic  purposes. 

Sect.  8.  Said  city,  acting  by  its  city  council,  is  hereby  author- 
ized, for  the  purpose  of  raising  money  with  which  to  meet  any  part 
of  any  expense  or  liability  which  may  hereafter  accrue  by  reason 
of  any  acts  done  under  the  authority  of  this  act,  to  issue  coupon 
water  bonds,  to  be  signed  by  the  treasurer  and  the  mayor,  to  an 
amount  not  to  exceed  the  sum  of  two  hundred  and  fifty  thousand 
dollars,  payable  at  a  period  not  to  exceed  forty  years  from  their 
date,  with  interest  payable  semi-annually  at  a  rate  not  to  exceed 
four  per  centum  per  annum  ;  to  which  bonds  the  sinking  fund  and 
water  bond  provisions  of  chapter  three  hundred  and  forty -five  of 
the  acts  of  the  year  eighteen  hundred  and  seventy-two  and  of  all 
the  acts  in  addition  thereto  and  in  amendment  thereof  shall  apply. 

Sect.  9.  All  lands  in  Belchertown  which  shall  be  acquired  by 
said  city  under  the  authority  hereof  shall  continue  liable  to  taxa- 
tion by  said  town  at  a  valuation  not  exceeding  the  assessed  value 


WATER    SUPPLY.  275 

thereof  by  the  assessors  of  said  town  for  the  year  eighteen  hundred 
and  eighty-nine,  and  the  valuation  of  such  lands  for  the  purposes  of 
taxation  shall  not  be  affected  by  the  flowage  thereof  or  their  use 
for  the  purposes  of  this  act.  Taxes  assessed  on  said  lands  shall 
not  constitute  a  lien  thereon,  but  if  the  same  shall  remain  unpaid 
for  a  period  of  thirty  days  after  written  demand  for  the  payment 
thereof  the  collector  of  taxes  for  said  town  may  bring  suit  to 
recover  said  tax.  Said  city  may  at  any  time  prior  to  the  bringing 
of  such  suit  apply  to  the  county  commissioners  for  Hampshire 
county  in  the  way  and  manner  provided  by  statute  in  other  cases 
of  application  for  abatement  of  taxes  ;  and  if  such  application 
is  made  such  suit  shall  not  be  brought  until  such  application  is 
decided.  Such  suit  shall  be  brought  within  two  years  after  the 
tax  is  committed  to  the  collector  for  collection. 

Sect.  10.     This  act  shall  take  effect  upon  its  passage. 

Approved,  May  20,  1890. 


ACTS  OF  1891,  CHAPTER  152. 


AN  ACT  RELATING    TO  THE  SINKING  FUND  FOR  THE  PAYMENT  OF  THE 
WATER  BONDS  OF  THE  CITY  OF  SPRINGFIELD. 


Section  1.    Sinking  fund  may  be  held  by  commissioners. 

Be  it  enacted,  etc.,  as  folloivs : — 

Section  1.  The  sinking  fund  required  by  section  seven  of 
chapter  three  hundred  and  forty-five  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-two  and  by  any  acts  in  amendment 
thereof  or  in  addition  thereto  may,  at  the  election  of  the  city 
council,  be  held  by  any  commissioners  of  the  sinking  funds  of 
said  city  that  shall  be  established  and  elected  under  the  provisions 
of  chapter  twenty-nine  of  the  Public  Statutes  instead  of  being  held 
by  trustees  as  is  provided  in  section  six  of  chapter  seventy-five  of 
the  acts  of  the  year  eighteen  hundred  and  seventy-three  ;  and  if 
so  held  the  provisions  of  said  chapter  twenty-nine  relating  to  such 
commissioners  and  to  the  care,  custody  and  management  of  the 
fund  shall  apply  thereto. 

Sect.  2.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  30,  1891, 


276  APPENDIX. 


ACTS  OF  1902,  CHAPTER  242. 

AN  ACT  TO  AUTHORIZE  THE  CITY  OF  SPRINGFIELD  TO  REFUND  A  PART 

OF  ITS  WATER  DEBT. 


SeoUon. 
1.    City  of  Springfield  may  issue  bonds  to 
refund  its  water  debt. 


Section. 
2.    Payment  of  loans,  etc. 


Be  it  enacted,  etc.,  as  folloivs : — 

Section  1.  The  city  of  Springfield,  by  vote  of  its  city  council,  is 
hereby  authorized  to  issue  bonds  to  an  amount  not  exceeding  two 
hundred  and  fifty  thousand  dollars,  for  the  purpose  of  refunding  a 
part  of  its  indebtedness  at  present  existing  as  a  water  loan,  and 
maturing  on  the  first  day  of  April  in  the  year  nineteen  hundred 
and  three.  The  bonds  issued  under  the  provisions  of  this  act  shall 
be  made  payable  not  more  than  ten  years  from  the  date  of  issue, 
shall  bear  interest  at  a  rate  not  exceeding  three  and  one  half  per 
cent  per  annum,  and  shall  not  be  reckoned  in  determining  the  limit 
of  indebtedness  of  the  city  fixed  by  law.  They  shall  be  signed  by 
the  treasurer  and  countersigned  by  the  mayor  and  auditor  of  the 
city,  and  may  be  sold  or  negotiated  at  public  or  private  sale,  and 
the  proceeds  shall  be  used  in  payment  of  water  bonds  of  the  city 
falling  due  on  the  first  day  of  April  in  the  year  nineteen  hundred 
and  three  ;  but  no  purchaser  shall  be  responsible  for  the  application 
of  said  proceeds. 

Sect.  2.  The  city  council  of  said  city  shall  include  each  year 
in  the  appropriation  of  money  to  be  raised  by  taxation  such  a  sum 
as  it  shall  determine  will  be  required  during  that  municipal  year 
to  meet  the  interest  on  the  Springfield  water  bonds  and  on  bonds 
issued  under  authority  hereof,  which  will  not  be  met  by  the  esti- 
mated net  income  of  the  water  department ;  and  in  estimating 
such  net  income  all  expenses  of  said  department,  including  the 
interest  upon  its  bonds  and  the  estimated  cost  of  new  distributing 
mains  to  be  laid  that  year,  shall  be  taken  into  account.  The  sink- 
ing fund  provisions  of  chapter  three  hundred  and  forty-five  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-two  and  of  all  acts 
in  amendment  thereof  shall,  so  far  as  they  may  be  applicable,, 
apply  to  the  indebtedness  hereby  authorized. 

Sect.  ;3.     This  act  shall  take  effect  upon  its  passage. 

Approved,  March  27,  1902. 


INDEX. 


A 

ABATEMENTS  page 

on  bills  due  the  city,  effect  of 88 

of  taxes.     See  Assessors. 

of  water  rents.     See  Water  Db^'artment. 

ABUTTERS 

along  water  pipe  line  in  Ludlow,  may  be  supplied  with  water 270 

assessments  for  betterments  upon   48,  49,  183 

assessments  upon,  for  sewers  and  drains 23 

assessments  upon,  for  sidewalks 23,  186 

consent  of,  to  laying  sewers  through  their  lands 187 

damages  of,  in  case  of  laying  out  streets 23,  45,  48,  51,  182 

rights  of,  in  cases  of  street  changes  and  betterments 50 

See  Owners. 

ACCOUNTS 

against  city,  not  to  be  acted  upon  by  auditor,  unless  certified 86 

of  city  treasurer,  when  to  be  made  up  and  how  kept 103 

of  expense  of  protection  against  snow  slides,  supervisors  to  keep 207 

of  expenditures  on  streets,  superintendent  of  streets  to  keep 123 

of  fire  department 145 

of  receipts  and  expenditures  to  be  published  annually  by  city  council 19 

of  schoolhouse  agent 127 

See  City  Auditor. 

ACTING   MAYOR 

chairman  of  aldermen  to  be,  when 17  note,  102 

may  draw  orders  on  city  treasurer 86,  87 

to  serve  during  vacancy 17 

ACTIONS 

committee  on  finance  may  order,  for  collection  of  claims  due  city 89 

pending  when  ordinances  repealed,  not  to  be  affected 225 

ACTS    OF    LEGISLATURE 

acceptance   of 225 

1852,  94— charter 13 

1853,  175 — addition  to  charter 33 

1861,  151 — construction  of  wooden  buildings 41 

1863,  107 — authorizing  the  city  to  construct  certain  drains 42 

1863,  192— sidewalks    44 

1863,  204 — relocation  of  streets  and  ways 45 

1864,  142 — City  Library  Association  incorporated 46 

1866,  174— streets,  etc 48 

1867,  94.     1866,   174— extended  to  Springfield 51 

.     1872,  130— north  end  bridge 251 

1872,  131— old  toll  bridge 253 

1872,  243 — prevention  of  fires  in  cities  and  towns 52 

1872,  334 — board  of  public  works 131 


278  INDEX. 

ACTS  OF  LEGISLATURE,  continued.  fao» 

1872,  345 — water  supply 260 

1873,  75 — water  supply 264 

1873,  120 — aniendinp  charter 35 

1873,  200— south   end   bridge 256 

1874,  208— water  supply 266 

1874,  243— water  fund  bonds 267 

1878,  97 — city  physician  to  be  overseer  of  the  poor 53 

1879,  147 — purity  of  water  supply 268 

1880,  30 — board  of  water  commissioners 54 

1880,  236 — cost  of  south  end  bridge 258 

1882,  154 — public  parks 56 

1883,  25 — mayor,  ex  officio,  a  member  of  school  committee 61 

1883,  130 — Springfield,  West  Springfield,  and  Agawam  relieved  from 

certain    forfeitures 62 

1885,     65 — election  of  aldermen 38 

1887,  54— plumbers   03 

1888,  136 — water  commissioners 64 

1889,  308— water  supply 268 

1890,  74— public  health   65 

1890,  303 — additional  water  supply 270 

1890,  356 — part  of  Longmeadow  annexed 66 

1891,  152 — sinking  funds  for  water  bonds 275 

1893,     97— fire   department 68 

1893,  301— river   line  established 09 

1898,  380 — cost  of  south  end  bridge 259 

1900,  230 — smoke  nuisance  72 

1900,  276 — wires  and  electrical  appliances 73 

1901,  95 — City  Library  Association  to  hold  additional  estate 76 

1901,  147 — election  of  aldermen  and  councilmen 39 

1902,  134 — police  department 77 

1902,  155 — City  Library  Association  to  hold  additional  estate 78 

1902,  242— refunding  water  debt 276 

Rev.  Laws,  ch.  20,  sects.  31-35 — city  officers 101 

Rev.  I^ws,  ch.  48,  sect.  103 — building  line. .  .• 188 

Rev,  Laws,  ch.  101,  sects.  1-.5 — dilapidated  buildings 164 

Rev.  Laws,  ch.  103 — supervision  of  plumbing,  accepted 142 

Rev.  Laws,  ch  104,  sects.  4-12 — construction  of  buildings 165 

Rev.  Laws,  ch.  108,  sects,  26-28 — reserve  police  force 178 

ADVERTISING   MATTER 

not  to  be  affixed  to,  lamp  posts  in  streets 200 

not  to  be  placed  in  streets,  etc 197 

AGAWAM 

See  BniDOES. 

AGENT 

See  Health,  Board  of. 

See  Overseers  of  the  Poor, 

See  ScHOOLiiousE  Agent. 

ALDERMEN,    BOARD    OF 

charter  provisions  as  to  manner  of  election 16 

committees  of,  to  be  appointed  by  mayor. 241 

committees,  standing  committees  of 241 

confirmation  of  nominations,  etc 20 


INDEX.  279 

ALDERMEN,     BOARD     OF,     continued.  paob 

election  and  qualification 38 

election  of  city  officers,  procedure 101 

established  14 

may  call  meetings  to  vote  upon  park  laws 60 

may  order  connection  between  private  and  public  sewers 192 

may  permit  raising,  alteration  or  moving  of  wooden  buildings  in  fire 

district  161 

may  prescribe  duties  of  city  clerk 20 

may  remove  buildings  on  land  taken  for  streets,  at  expense  of  owner 41) 

may  take  whole  of  abutting  estate  in  case  of  alteration,  etc.,  of  street. . .  .50 

member  of,  to  be  member  of  board  on  claims 130 

members  to  be  sworn,  quorum,  compensation,  powers 14 

conduct  of  during  debate 241 

from  wards  of  even  numbers  to  be  elected  in  even  years,  etc 39 

may  hold  other  office,  when 102 

not  more  than  two  to  reside  in  one  ward . 15 

to  serve  for  two  years 39 

no  election,  warrants  for  new  election 102 

nominations,  city  auditor 108 

appointment  and  compensation  of  inspector  of  coal 218 

assistant   city   clerk 114 

assistant  superintendent  of  streets 122 

city  forester   121 

members  of  police   commission 172 

of  city  physician 119 

of  whom  to  consist  and  how  elected 39 

order   of   business 240 

powers  of,  as  to  removal  of  telephone  conduits 220 

president  of  to  perform  duties  of  mayor,  in  case  of  no  election 102 

-  rules  and  orders  of '.  240,  241 

statutory  powers  as  to  laying  out  streets  and  assessing  betterments 48,  49 

to  approve  height,  dimensions,  location,  etc.,  of  telephone  poles;  may 

select  agent 219 

to  choose  member  of  board  of  supervisors 134 

to  choose  presiding  officer  in  absence  of  mayor 17 

to  declare  vacancy  in  office  of  mayor 17 

to  determine  value  of  wooden  buildings  in  fire  district  damaged  by  fire IGl 

to  meet  first  Monday  in  January 17 

to  provide  for  publication  of  ordinances 224 

vacancies  in,  how  filled 102 

See  Mayor  and  Aldermen,  City  Cotxnch,. 
ALLEYS 

provisions  as  to  streets  to  apply  to 51,  132,  187 

See  Street. 
ALMSHOUSE 

master  of,  how  elected,  term  of  office,  duties 104 

services  of  city  physician  at. 119 

AMENDMENTS 

right  of  legislature  to  make,  reserved  in  charter 32 

to  charter 33-40 

See  Rules  and  Orders. 


280  INDEX. 

ANIMALS  PAGE 

inspector  of 136 

not  allowed  upon  sidewalks 199 

not  to  be  fastened  to  trees  in  the  streets 200 

not  to  go  at  large  in  streets 197 

transportation  of  dead  animals  through  streets  regulated 139 

watering  tanks  for 171 

APPEALS 

from  city  council  on  question  of  construction  of  certain  drains,  etc. . .  .42,  43 

from  city  council  on  question  of  damages 23 

from  order  as  to  dilapidated  building 164 

from  order  of  removal  of  unsafe  building 166 

on  question  of  damages  occasioned  by  taking  land  for  water  supply 265 

APPOINTMENTS 

how  made  by  mayor  and  aldermen 19 

of  city  officers,  on  first  Monday  of  February 101 

of  members  of  fire  department,  how  made 147 

APPROPRIATIONS 

city  library,  authorized  for 78 

for  any  department  exhausted,  city  council  to  be  notified 86 

for  any  department  exhausted,  no  further  expenditure  to  be  made 87 

for  board  of  health 137 

for  each  department,  not  to  be  exceeded 86 

for  engineering  department,  not  to  be  exceeded 116 

for  fire  department,  pensions  to  be  paid  from 153 

for  fire  department,  to  include  emergency  monoy 146 

for  salaries  of  public  school  teachers 125 

made  by  city  council,  not  to  be  exceeded 87 

money  not  otherwise  appropriated  may  be  used  for  fire  escapes  on 

schoolhouses    ? 167 

no  money  to  be  drawn  from  treasury  unless  under 19 

parks,  authorized  for 59 

restrictions  upon    239 

to  cover  certain  items  on  account  of  water  department 276 

to  include  provision  for  water  bonds,  etc 269 

AREAS 

See  Buildings. 

ASHES 

duties  of  chief  engineer  as  to 148 

not  to  be  placed  in  streets,  etc 197 

removal  of,  licenses,  etc 138 

rules  of  board  of  health  as  to 136 

transportation  through   streets,  regulated 139 

ASS.     See  Animai..s. 

ASSESSMENTS 

for  betterments    183 

for  certain  drains  from  Garden  brook  to  Connecticut  river 43 

for  sewers  and  sidewalks,  how  collected,  charter  provisions 23 

for  sidewalk  construction :   how  collected 186 

for  taxes.    See  Assessors  and  Assistant  As.ses8ors. 
See  Damages. 

ASSESSORS  AND  ASSISTANT  ASSESSORS 

duties  and  liabilities  of 20 


INDEX.  281 

ASSESSORS   AND   ASSISTANT    ASSESSORS,    continued.  pack 

duties  of,  as  to  Garden  brook  sewers 43 

election  and  tenure  of  office 35 

salary,  may  be  fixed  by  city  council 34 

to  be  elected  annually  by  city  council 19 

assessors,  board  of,  abatement  of  taxes,  powers  and  duties Ill 

duties  of  secretary 110 

records  of 110 

report  of  taxes  abated Ill 

salary  of 91 

to  commit  assessments  to  collector  of  taxes Ill 

to  complete  assessments  by  September  first Ill 

to  organize  by  choice  of  chairman  and  secretary 110 

assistant  assessors,  election,  tenure  of  office,  duties,  and  compensation.  .35,  110 

not  to  exceed  eight 35,  110 

salary  of 91 

ASSIGNMENTS    OF    WAGES 

duties  of  assistant  city  clerk 114 

ASSISTANT    CITY    CLERK 

See  City  Clebk. 
ASSISTANT  ENGINEER   (CIVIL) 

See  Engineer,  City. 
ASSISTANT  ENGINEERS  OF  FIRE  DEPARTMENT 

See  Engineers  of  Fire  Department. 
ASSISTANT   MARSHAL 

See  Marshal,  Assistant. 
ASSISTANT    SUPERINTENDENT    OF    STREETS 

See  Streets,  Superintendent  of. 
AUCTIONS 

not  to  be  held  on  sidewalks,  etc 201 

AUDITOR    OF    ACCOUNTS 

See  City  Auditor. 
AVENUE 

defined 185 

See  Streets. 
AWNINGS 

in  streets,  not  to  be  injured 200 

over  sidewalks,  how  placed  and  maintained 196 

B 

BADGE 

to  be  carried  by  rag  pickers  and  junk  collectors .' 213 

to  be  worn  by  drivers  of  hackney  carriages 229 

to  be  worn  by  licensed  bootblacks 215 

BALL   PLAYING 

in  streets,  regulated ; 202 

BALLOON    FLYING 

in  streets,  regulated   202 

BARK 

survey,  inspection  and  sale  of 23 

BATHING 

indecent  exposure  of  person  forbidden 201 


282  INDEX. 

BEGGING                                                                                                                       P-^o" 
by  street  musicians '-33 

BELCHERTOWN 

See  Wateb  Supply. 

BELLS 

not  to  be  rung  in  streets  without  license 201 

BETTERMENTS 

board  of  public  works  to  estimate 132 

growing  out  of  street  changes :  proceedings 183 

may  be  apportioned 50 

may  be  assessed  by  board  of  aldermen  (Act  of  1866) 40 

may  be  assessed  by  park  commissioners 68 

Revised  Laws,  provisions  of 48  Note 

to  be  lien  on  real  estate 50 

BILLS 

correctness  of,  to  be  certified  by  heads  of  departments,  approved  and 

forwarded  to  auditor 87 

of  departments,  to  be    forwarded   to   auditor    on   or   before   fourth   of 

month     87 

BOARD  of  aldermen.     See  Aldermen,  and  Mayor  and  Aldermen. 
of  common  council.     See  Common  Council. 
of  health.     See  Health,  Board  of. 
of  overseers  of  the  poor.     See  Overseers  of  the  Poor. 
of  park  commissioners.     See  Park  Commissioners,  Board  of. 
of  public  works.     See  Public  Works,  Board  of. 
of  supervisors  of  highways  and  bridges.     See  Supervisors  of  Highways 

and  Bridges. 
of  water  commissioners.     See  Water  Department. 
on  claims.     See  Claims. 

BOATS 

not  to  be  used  on  water  supply  reservoirs,  without  permission 208 

BOISTEROUS  OUTCRY 

not  to  be  made  in  streets  without  license 201 

BONDS 

city  council  shall  require,  of  officers  intrusted  with  money 19 

of  city,  how  paid 87 

of  collector  of  taxes 89,  169 

of  indemnity  to  be  given  by  persons  licensed  to  maintain  coverings  in 

sidewalks  204 

of  marshal  and  assistant  marshal 176 

of  telephone  company  when  opening  streets 221 

"Public  Park  Loan" 59 

to  accompany  building  contracts  in  excess  of  five  hundred  dollars 97 

water  bonds,  authority  for 262,  267,  268,  274 

BONFIRE 

not  to  be  made  in  streets  without  license 200 

BOOKS 

second-hand,  dealers  in 212 

BOOT  BLACKS 

penalty  for  violation  of  ordinance 216 

to  wear  badge  with  number 215 

working  in  streets,  etc.,  to  be  licensed:  provisions 215 

working  in  streets,  to  obtain  consent  of  owner  of  abutting  property 215 


INDEX.  283 

BOOTHS                                                                                                                     PAo« 
for  sale  of  fruit,  etc.,  not  to  be  erected  in  streets,  etc 200 

BOUNDARIES 

between  Springfield  and  Longmeadow 66 

Connecticut  river  line  established 09 

of  fire  district 155 

of  wards,  defined 82-84 

BRIDGES 

North  End 251 

North  End — may  be  used  by  street  railways 251 

Old  Toll  253 

Old  Toll — expense  of  repairs,  how  paid 255 

questions  may  be  referred  to  board  of  public  works,  powers  and  du- 
ties      132,  187 

South  End 256 

South  End — cost  of  apportioned  between  Springfield  and  Agawam 258 

South  End — expense  of  maintaining,  apportioned 259 

care  of  and  liability  for  defects 252,  253,  255,  257 

duties  of  superintendent  of  streets  as  to 122 

to  be  examined  annually  by  city  engineer:  report 117 

to  be  under  general  supervision  of  board  of  supervisors 116,  134 

BROKEN  GLASS 

not  to  be  thrown  in  streets,  etc 197 

BUILDING    COMMISSIONER 

statute  powers  of 37 

See  BtriLDirfGS,  Inspector  of. 
BUILDING    DISTRICT  * 

established  how 37,  41 

may  be  prescribed 41,  52 

See  Fire  District. 
BUILDING   LINE 

how  established :   damages 188 

BUILDING    IkL\TERIALS 

not  to  encumber  streets  or  sidewalks 195,  196 

BUILDINGS 

CHARTER    AND   SPECIAL   STATUTES. 

construction  of,  may  be  regulated  by  ordinance 52 

erected  in  violation  of  law,  may  be  declared  nuisances 52 

inspection  of 52 

not  allowed  on  public  parks 59 

provisions  as  to,  within  building  district 37 

statute  as  to,  not  to  be  in  force  till  accepted  by  city  council .52 

statute  provisions  as  to  construction  of 41 

to  be  numbered 37 

upon  land  taken  for  streets  to  be  removed  by  owner 49 

violations  of  law  as  to,  may  be  enjoined 52 

violating  ordinances  to  be  nuisances 41 

CONSTRUCTION  AND   REPAIRS. 

appeals  from  orders  as  to  dilapidated  buildings 164,  165 

burnt,  dilapidated  or  dangerous,  proceedings  to  condemn 164,  165 

chief  engineer  to  report  violations  of  ordinance  regulating  construction  of  148 


284  INDEX. 

BUILDINGS,    continued.  paob 

construction  of,  within  fire  district,  regulated 155-103 

chimneys    15ft 

columns,  to  be  placed  in  certain  buildings* 159 

cornices 158 

dormer  windows 158 

elevators  161 

fireplaces,  how  constructed ICO 

furnaces,  space  around 160 

in  areas  155 

jet  158 

piers   156 

sewer  connections  to  be  made  before  walls  are  carried  above  foun- 
dations    155 

show  windows 158 

standpipes  on  buildings  over  fifty  feet  high 160 

stovepipes,  how  protected 160 

timbers,  entering  brick  walls,  requirements  as  to 159 

woodwork,  to  be  at  least  one  inch  from  chimney 160 

dilapidated  or  dangerous,  general  provisions 104-167 

drainage  system  of,  not  to  be  changed  without  permit 141 

fireproof  doors,  shutters,  etc.,  to  be  attached  to  certain  buildings  in 

fire  district 162 

factories  to  have,  when 162 

storehouses  to  have,  when 162 

stores  to  have,  when 162 

to  be  closed  at  end  of  each  business  day 162 

workshops  to  have,  when 162 

fire  stops  may  be  required  by  inspector  of  buildings 102 

floors,  strength  of 159 

assembly  halls,  in  fire  district 159 

dwelling  houses 159 

factory,  in  fire  district 159 

hotels,  in  fire  district 159 

office  buildings,  in  fire  district 159 

stores,  in  fire  district 159 

warehouses,  in  fire  district ■. 159 

heating  apparatus  of,  to  be  examined  by  chief  engineer  on  request. .  .  .148,  149 

in  fire  district,  not  to  be  raised,  reconstructed  or  moved,  except 161 

in  fire  district,  to  have  outside  electric  switches,  and  gas  valves 101 

inspection  of  165 

in  violation  of  ordinances,  to  be  enjoined  how 107 

lien  upon  land,  for  costs  of  removing  unsafe  buildings 166 

may  be  declared  nuisances,  when 164 

may  be  examined  by  chief  engineer  on  request  of  two  citizens 148,  149 

occupant  of,  to  make  alterations  required  by  chief  engineer,  penalty 149 

powers  of  chief  engineer,  etc.,  as  to  combustible  materials,  penalty 148 

removal  of,  by  owner  or  inspector 165,  166 

roofs  of  buildings  to  be  covered  with  incombustible  materials 158 

construction  of  mansard 158 

in  fire  district,  strength  of 159 

sewage  pipes  in,  subject  to  rules  of  board  of  health 141 

to  be  inspected  by  district  police,  upon  request  of  mayor  and  aldermen.  .  .  .167 


INDEX.  285 

BUILDINGS,    continued.  paob 

walls,  construction  of,  regulated 156-158 

brick  and  stone,  how  built  and  bonded 163 

doorways  through  party  walls 162 

foundations,  how  built 155 

height  of 162 

may  be  built  of  iron  and  steel 163 

thickness  of 162 

water  tanks  erected  on  buildings  in  fire  district 163 

when  deemed  dangerous,  proceedings 165 

wood  lintels  not  to  be  used  over  openings  over  four  feet  wide 163 

wooden,  damaged  by  fire  in  fire  district,  may  be  declared  nuisances 161 

in  fire  district,  damaged  by  fire 161 

in  fire  district,  general  provisions 161 

See  Buildings,  Inspectoe  of. 

MISCEriANEOUS   PRO^^SIONS. 

belonging  to  city,  contracts  for,  exceeding  five  hundred  dollars,  to  have  bond  97 

building  line  may  be  established •. 188 

declared  unsafe,  non-resident  owners,  how  notified 167 

encroaching  on  street,  duties  of  city  engineer 117 

impure  water  from,  not  to  be  allowed  to  run  into  streets 201 

in  which  steam  is  used,  to  be  inspected  by  superintendent  of  sewers 193 

may  be  numbered  by  city  engineer  at  expense  of  owner 118 

near  street  line,  roofs  to  be  cleared  of  snow 207 

not  to  be  erected  in  streets  without  license 195 

not  to  be  moved  through  streets  without  license 199 

numbering  of,  penalty 118 

occupant  of,  to  remove  combustible  materials,  when;  penalty 148 

owner  of,  must  consent  to  boot  black  working  in  street 216 

owner  of,  to  make  alterations  required  by  chief  engineer;  penalty 149 

protection  against  snow  slides  may  be  ordered 206 

rag  pickers  and  junk  collectors  not  to  enter  without  permission 213 

repair  of  buildings  belonging  to  city,  in  excess  of  five  hundred  dollars, 

to  be  authorized  by  city  council 107 

taken  for  street  purposes,  value  estimated 182 

to  be  numbered 117 

See  FiEE  District,  and  Plumbing. 

BUILDINGS,  INSPECTOR  OF 

appointment,  tenure  of  office 162 

chief  and  deputy  chief  engineer  ineligible 162 

duties  as  to  removal  of  dangerous  structures 166 

duties  of,  as  to  doorways  and  fire  stops 162 

how  chosen,  duties. 1 65 

may  regulate  thickness  of  certain  walls 157 

salary  of 91 

to  approve  construction  of  water  tanks 163 

to  approve  foundations 155 

to  approve  standpipes 160 

to  examine  all  buildings  erected  in  fire  district 162 

to  file  and  record  statements  as  to  strength  of  floors 159 

BY-LAWS 

city  council  may  make 23 


286  INDEX. 

BY-LAWS,  continued.  paob 

survey,  etc.,  of  lumber,  wood,  coal,  and  bark,  etc 23 

to  be  published 24 

to  be  termed  ordinances 224 

See  Obdinances. 


o 

CALL   MEN 

See  Fire  Department. 
CANALS 

fishing  or  boating  in,  prohibited,  without  permission 268 

CANNON 

firing  of  in  streets,  regulated 200 

CAPTAIN    OF    THE    WATCH 

See  Police  Department. 
CARRLAGES 

licenses  and  stands  for 198 

See  Vehicles. 
CARTS 

not  allowed  upon  sidewalks 19& 

See  Truck. 
CATCH    BASINS  . 

See  Streets. 
CATTLE 

See  Animals. 
CESSPOOLS 

contents  of,  how  removed 138 

may  be  prohibited,  when ;  penalty 192 

transportation  of  contents  regulated 201 

See  NjGHT  Soil. 
CHAIRMAN 

of  board  of  aldermen.     See  Aldermen. 

of  board  of  overseers  of  the  poor,  mayor  to  be 20 

of  board  of  assessors,  assessors  to  choose.  .  .• 110 

of  school  committee,  mayor  to  be 01 

of  committee  on  city  property,  to  examine  accounts  of  schoolhouse  agent.  .127 

of  committees  of  city  council.     See  Rules  and  Orders. 

of  board  of  engineers  of  fire  department,  chief  engineer  to  be 147 

of  board  of  health.     See  Health,  Board  of. 

of  board  of  water  commissioners,  compensation  of 92 

CHARTER    13-32 

adoption    of 32 

may  be  amended  by  legislature 32 

amendments    to 33-40 

revision  attempted  in  1877 32,  note 

CHICOPEE 

may  be   furnished  with   water 265 

CHICOPEE  RIVER 

use  of,  for  water  supply 260 

flow  of,  may  be  equalized  by  water  commissioners 264 

CHIEF  ENGINEER  OF  FIRE  DEPARTMENT 

See  Engineers  of  the  Fire  DBa»ARTMENT. 


INDEX.  287 

CHILDREN  PAOE5 

care  of,  committed  to  almshouse 104 

of  residents  on  United  States  grounds,  privileges  in  public  schools 127 

habitual    truants,    how    punished 129 

under  sixteen,  not  to  be  in  streets  after  9:30  p.  m.,  penalty 204 

in  streets  after  9 :  30  p.  m.  may  be  sent  home 205 

CHURCHES 

entrance  to,  not  to  be  obstructed  by  loiterers 202 

CIRCULARS 

not  to  be  placed  in  streets,  etc 197 

CITIZENS 

general  meetings  of,  how  called,  etc 15,  26,  2*23 

may  petition  for  fire  escapes  on  scboolhouses 167 

petitions  for  changes  in  streets 181 

CITY   AUDITOR 

appointment,  duties  and  powers  of 108 

to  be  sworn 108 

salary  of 90,  109 

vacancy  in  oflBce,  how  filled 109 

books  of 88 

reports  of  108,  109 

to  audit  accounts  of  water  department 55 

to  notify  mayor  and  city  council  when  appropriation  for  any  department 

is  exhausted 86 

no  claim  to  be  paid  by  treasurer  unless  approved  by,  except 86 

not  to  act  upon  accounts  or  claims  unless  certified 86 

to  receive  department  bills  on  or  before  fourth  of  month 87 

to  approve  payment  of  weekly  employees 87 

to  receive  bills  due  the  city  on  or  before  tenth  of  month 88 

bills  due  city  to  be  forwarded  to  collector  and  reported  to  ti'easurer  on  or 

before  twentieth  of  month 88 

may  require  information  from  city  treasurer 103 

to  prescribe  system  of  treasurer's  accounts 103 

may  inspect  accounts  of  schoolhouse  agent 127 

approval  of  bills  of  police  department 175 

duties  as  to  expenses  of  preventing  snow  slides 207 

CITY    CLERK 

CHARTER  AND   SPECIAL  STATUTES. 

charter  provisions  for  election  of 15 

charter  provisions  as  to  manner  of  election 16 

failure  to  choose  and  vacancy 20 

duties  of,  and  tenure  of  office ;  vacancy  to  be  filled  by  city  council 20 

term  of  office  to  be  three  years 16,  79 

to  be  sworn 20 

salary 19,  34 

not  eligible  as  park  commissioner 57 

may  administer  oath  to  mayor 17 

duties  of,  when  no  mayor  has  been  elected 17 

to  certify  oaths  in  journal 17 

to  be  clerk  of  board  of  aldermen 20 

powers  and  duties  as  to  jury  list 22 

to  record  election  returns 25 


288  INDEX. 

CITY  CLERK,  continued.  page 

ORDINANCES. 

custodian  of  city  seal 81 

salary  of   'JO 

to  have  copy  of  all  written  contracts 98 

to  nominate  assistant  city  clerk 114 

to  determine  term  of  office  and  removal  of  assistant  city  clerk 114 

vacancy,  duties  may  be  performed  by  assistant 114 

dilapidated  buildings,  duties 104 

to  give  notice  to  land  owners  of  construction  of  sidewalks 186 

to  certify  sidewalk  assessments  to  the  tax  collector 186 

agreements  to  indemnify  city  for  use  of  streets,  to  be  filed  with 105 

to  have  custody  of  agreement  of  indemnity  in  case  of  moving  buildings.  .199 

to  record  licenses  for  metal  coverings  in  sidewalks 204 

to  keep  record  of  licenses  of  rag  pickers  and  junk  collectors 213 

to  record  licenses  for  public  amusements 234 

to  sign  warrants  for  meetings  of  citizens 223 

to  record  ordinances 224 

of  aldermen  and  council,  to  make  copies  of  reports  of  committees  when 

requested 238 

assistant — how  chosen ;  tenure  of  office  and  removal 114 

to  be  sworn ;  duties  and  compensation 114 

CITY    COUNCIL 

IN  GENERAL. 

composed  of  board  of  aldermen  and  common  council 14 

charter  powers  of,  as  to  revision  of  wards  and  apportionment  of  councilmen  14 

compensation,  powers,  manner  of  voting 14 

quorum,  a  majority  of  each  board  to  be 14 

each  board  to  judge  election  of  own  meml)ers 17 

may  declare  vacancy  in  office  of  mayor,  when 17 

special  meetings,  how  called 18 

to  make  report  annually 19 

to  have  control  of  city  property U) 

powers  of    ; 19 

sittings  to  be  public  when  not  in  executive  session 19 

may  make  by-laws  and  attach  penalties 19,  23 

may  alter  school   districts 22 

to  have  powers  of  board  of  health 22 

fire  department,  powers  as  to 2r),  33 

may  make  ordinances  as  to  safeguards  against  fire 30 

may  establish  a   building  district 37 

may  require  buildings  to  be  numbered 37 

may  establish  fire  district  and  regulate  construction  of  buildings. ." 41 

may  remove  members  of  board  of  park  commissioners 57 

may  delegate  powers  as  to  fire  department  to  a  board 68 

may  control  police  department  through  agency  of  a  board 77 

to  provide  "office  for  collector  of  taxes 99 

may  require  information  from  city  treasurer 103 

committees  of,  appointed  annually  in  January 106 

meetings,  to  be  prepared  for  and  attended  by  messenger 112 

notices  issued  by,  to  be  served  by  city  messenger 112 

may  require  plans,  etc.,  from  city  engineer 116 

may  remove  superintendent  of  streets 122 


INDEX.  289 

CITY  COUNCIL,  continued.  faob 

may  authorize  board  of  supervisors  to  make  certain  contracts 1 34 

may  require  services  of  health  physician 136 

to  regulate  number  of  members  of  fire  department 147 

to  determine  number  of  night  and  day  watchmen 175 

may  establish  and  regulate  building  lines 188 

ordinances  of,  to  be  published 224 

to  exercise  certain  powers  of  water  commissioners 266 

convention  of,  mayor  to  preside 18 

presiding  oflicer  in  absence  of  mayor 17 

oaths  to  be  administered 17 

to  determine  representatives  to  general  court 25 

to  elect  acting  mayor 17 

to  elect  assessors,  collector,  overseers  of  poor,  chief  engineer  and 

assistants,  etc.,  and  fix  their  compensation 19 

to  elect,  etc.,  vacancies  in  offices  of  clerk  and  treasurer,  and  in 

school    committee 20 

to  elect  assessors  and  assistant  assessors 35 

to  elect  overseers  of  the  poor 36 

to  elect  water  commissioners  by  ballot 54 

to  elect  assistant  assessors 110 

to  elect  schoolhouse  agent 126 

to  elect  board  of  public  works 131 

vacancies  in  board  of  public  works 132 

See  City  Council,  Elections  and  Appointments. 

EJECTIONS,  APPOINTMENTS,  ETC. 

subordinate  officers  not  otherwise  provided  for 19 

city  officers  to  be  elected,  etc.,  on  first  Monday  of  February 101 

city  officers,  procedure 101 

appointment    of    park    commissioners 56 

officer  to  remove  wires  from  streets 73 

commissioners  of  sinking  fund 100 

messenger 112 

city  engineer,  annually 115 

superintendent  of  streets,  annually < 122 

member  of  board  of  health,  annually 135 

board  of  water  commissioners  under  act  oi  1873 262 

vacancies  in  board  of  water  commissioners 265 

See  City  Council,  Convention  of 

FINANCES. 

to  fix  salary  of  mayor 18 

certain  salaries  by  concurrent  vote 34 

salary  of  election  officers  by  order ,91 

salaries  not  provided  for 96 

etc.,  board  of  public  works 133 

etc.,  members  of  fire  department 151 

etc.,  clerk  of  police  commission. 173 

care  of  treasury 19 

annual  account  to  be  published 19 

to  require  bonds  in  certain  cases 19 

powers  as  to  collection  of  taxes 20 

may  appropriate  money  for  parks 57 

to  be  notified  when  appropriation  for  any  department  is  exhausted 86 


290  INDEX. 

CITY  COUNCIL,  continued.  page 

payments  authorized  by 87 

to  fix  interest  on  unpaid  taxes 99 

may  require  report  from  commissioners  of  sinking  fund 100 

to  authorize  repairs  on  city  buildings  in  excess  of  $500 107 

to  authorize  printing  contracts  in  excess  of  $200 107 

authority  of,  as  to  contracts  for  schools  of  over  $500 127 

to  ratify  settlements  of  claims  over  $500 130 

to  approve  sale  or  purchase  of  property  by  police  commission  over  $500.  .174 

duties  of  as  to  water  bonds,  etc 269 

to  annually  determine  amount  of  construction  of  new  water  mains 269 

powers  as  to  sinking  funds  for  water  bonds 275 

may  vote  to  refund  water  debt,  provisions  for  payment  of  bonds 276 

MEMBERS. 

members,  to  be  sworn 14 

member,  absent  at  organization 17 

members,  failure  of  election 18 

vacancies  in 18 

members,  ineligible  to  certain  offices 20 

member,  not  to  be  eligible  to  election  as  water  commissioner 54 

not  to  be  park  commissioner 57 

members,  may  hold  other  city  office  except  of  emolument 102 

member,  to  be  member  of  board  of  health 135 

not  to  be  fire  commissioner,  except 144 

not  to  be  member  of  police  commission 173 

members,  not  to  contract  with  city  or  receive  presents 20 

member,  not  to  have  private  interest  in  city  contract 97 

STREETS,  SIDEWALKS,  SEWERS. 

streets  and  ways,  powers 22 

sidewalks  and  drains  and  assessments  therefor 23 

may  require  private  drains  to  be  conducted  into  public  sewer 23 

highways,  may  alter  or  discontinue 35 

not  to  act  upon  streets,  sidewalks  or  sewers  without  recommendation  of 

board  of  public  works 36 

certain  drains  »may  be  constructed 42 

may  establish  sidewalks,  and  compel  abutting  owners  to  remove  snow 

and  ice 44 

may  relocate  streets,  etc 45 

may  refer  matters  to  board  of  public  works 132 

may  take  land  and  water  courses  for  sewers  and  drains 132 

to  give  hearing  to  parties  interested  in  laying  out  streets,  etc 182 

proceedings  after  report  of  board  of  public  works 182,  183 

to  refer  questions  as  to  sidewalks,  to  board  of  public  works 185 

to  assess  cost  of  sidewalks  upon  land  owners,  when 186 

may  order  construction  of  sewer  in  private  way 191 

action  to  prevent  snow  slides 206 

RVI.KS  AND  ORDERS. 

joint  rules  and  orders  of 236-239 

standing  committees  236 

original  papers  passing  between  boards 237 

messages  between  two  boards,  to  be  in  writing,  when 237 

proposal  for  time  of  next  meeting 237 

non-concurrence,  action  upon 237 


INDEX.  291 

CITY  COUNCIL,  continued.  pagb 

commands  of,  to  be  in  form  of  "Obdebs" 237 

"Resolvks,"  when  proper 237 

in  convention,  shall  transact  only  business  previously  agreed  on 238 

to  choose  salaried  officers  by  viva  voce  vote 239 

See  Aldermen,  Board  of. 
See  Mayor  and  Aldermen. 
See  Common  Council. 

CITY   ENGINEER.     See  Engineer,  City. 

CITY    FARM.     See  Almshouse. 

CITY   FORESTER.     See  Forester. 

CITY    GOVERNMENT 

how  organized  in  first  instance  by  charter 14,  30 

See  City  Council. 

CITY   HALL 

'  care  of  grounds,  etc 113 

renting  of  rooms  in 113 

See  Messenger  and  City  Property,  Committee  on. 

CITY    HALL    CLOCK 

care  of   113 

CITY   HOSPITAL.     See  Hospital. 

CITY    LAMPS 

not  to  be  lighted  or  extinguished  without  permission 200 

CITY   LIBRARY 

city  may  make  appropriations  for,  under  certain  conditions 47,  78 

CITY    LIBRARY    ASSOCIATION 

Act  of  incorporation 46 

may  hold  real  and  personal  estate 46 

may  receive  bequests,  etc 47 

authorized  to  hold  estate  not  exceeding  $600,000 76 

may  hold  estate  not  exceeding  $1,500,000 78. 

CITY    MARSHAL.     See  Marshal. 

CITY   MESSENGER.     See  Messenger. 

CITY   OFFICERS.     See  Officers. 

CITY   PHYSICIAN.     See  Physician. 

CITY    PROPERTY 

buildings  and  property  of  city 19 

city  council  to  have  care  and  management  of 19 

city  council  may  sell  and  purchase,  when 19 

schedule  of,  to  be  published  annually 19 

private  sewers  and  drains,  how  may  become 36 

schedule  of,  to  be  reported  annually  by  finance  committee 107 

schedule  of  certain,  to  be  reported  annually  by  superintendent  of  streets . . .  123 

leased,  water  rates  to  be  charged 170 

extensions  of  water  service  upon 170 

committee  on,  of  whom  to  consist  and  how  chosen 106,  236 

duties  of,  limit  as  to  expenditures  by 107,  127 

may  allow  assistance  to  messenger 113 

to  approve  certain  contracts  of  schoolhouse  agent 126 

authority  to  make  contracts  in  behalf  of  schools 126,  127 

chairman  to  inspect  accounts  of  schoolhouse  agent,  monthly 127 

what  bills  may  be  approved  by 127 

authority  in  employment  of  janitors  of  public  schools 127 


292  INDEX. 

CITY    SEAL.     See  Seal.  page 

CITY   TREASURER.     See  Tbeasubeb. 

CIVIL    SERVICE.     See  Police  Department. 

CLAIMS 

against  city  not  to  be  paid  by  treasurer  unless  approved  by  auditor 86 

against  city,  to  be  examined  by  auditor 108 

against  city,  not  to  be  acted  upon  by  auditor  unless  certified 86 

against  city,  Iioads  of  departments  to  certify,   have  approved  and  for- 
ward to  auditor 87 

against  city,  reduced  to  judgment,  how  paid 87 

due  city,  how  collected 88,  89 

board  on,  of  whom  to  consist,  how  chosen,  powers  and  duties 130 

claims  settled  by,  need  not  be  examined  by  auditor 108 

CLERK 

of  board  of  public  works,  city  engineer  to  be,  duties,  vacancy 132 

of  board  of  water  commissioners,  how  chosen  and  sworn 64 

CLERK    OF    BOARD    OF    HEALTH.     See  Health,  Boabd  of. 

CLERK    OF    CITY.     See  Cii-Y  Clerk. 

CLERK    OF    COMMON    COUNCIL 

how  chosen,  and  tenure  of  office 17 

to  be   sworn 17 

to  certify  oaths  in  journal 17 

salary  of  90 

duties    248 

CLOCK 

city  hall,  messenger  to  have  care  of 113 

COAL 

inspection,  measurement  and  sale  of 23 

not  to  remain  over  night  in  streets,  etc 197 

and  coke,  dealers  in,  etc 217,  218 

dealers  in,  to  furnish  statement  with  each  load 217 

official  weigher  to  certify  to  weight  of  load 217 

false  statements  as  to  weight 217 

dealers  in,  to  have  number  and  weight  printed  on  each  wagon,  etc 218 

weight  and  variety  to  be  tested  by  inspector  of  coal 218 

inspector  of 217 

appointment,  compensation,  qualifications 218 

duties  and  report 218 

COASTING 

upon  sidewalks  and  in  certain  streets,  forbidden 202 

COKE 

weight  and  variety  to  be  tested  by  inspector  of  coal 218 

dealers  in,  to  have  number  and  weight  printed  on  each  wagon 218 

official  weigher  to  certify  to  weight  of  load 217 

dealers  in,  to  furnish  statement  with  each  load 217 

false  statements  as  to  weight 217 

COLLECTION 

of  claims  due  city 88,  89 

COLLECTOR    OF    TAXES 

to  be  elected  annually  by  city  council 19 

salary  of   ; 19^  34^  90 

powers  of 99 

office  to  be  provided  by  city  council 99 


INDEX.  293 

COLLECTOR  OF  TAXES,  continued.  paob 

to  pay  weekly  to  city  treasurer 103 

collection  of  taxes,  when  to  be  completed 103 

to  collect  interest  on  overdue  taxes  and  account  for  same 99 

to  file  weekly  statements  with  treasurer 88 

accounts  of,  to  be  examined  by  auditor 108 

to  collect  water  bills 168,  1G9 

to  pay  receipts  from  water  bills,  weekly 169 

bond  of,  to  cover  collection  of  water  bills 169 

to  transmit  list  of  unpaid  water  bills  to  commissioners 169 

duties  of  as  to  collection  of  bills 88 

official  bond  to  cover  duties  in  collecting  bills  due  city 89 

to  collect  sidewalk  and  sewer  assessments 23 

duties  as  to  collection  of  sidewalk  assessments 186 

to  collect  cost  of  removing  unsafe  buildings 166 

collection  of  certain  expenses  in  preventing  snow  slides 207 

to  furnish  list  of  unpaid  bills  to  finance  committee 89 

COLLECTORS 

of  junk,  rags,  etc.,  to  be  licensed,  provisions 213 

COMBUSTIBLE    MATERIALS 

removal  of,  etc 34 

duties  of  chief  engineer  as  to 148 

COMMISSIONER    OF    HIGHWAYS 

mayor  may  be  appointed  as  such 18 

COMMISSIONS 

contracts  in  excess  of  $1,000  to  be  signed  by  majority  of 97 

members  of,  not  to  have  private  interest  in  city  contract 97 

hiring  labor,  to  give  preference  to  residents 98 

to  apply  to  water  registrar  for  extension  of  water  service 170 

See  Titles  of  Commissions. 

COMMITTEES 

appointed  by  citj-  council  in  January 106,  236 

joint  standing,  of  city  council 236 

joint  standing,  membership  and  chairmen 237 

to  be  appointed  by  presiding  officer  of  each  branch  of  city  council.  .  .241,  243 

of  common   council 247 

meetings  of,  to  be  notified  by  city  messenger 112 

majority  of,  to  sign  certain  contracts 97 

hiring  labor,  to  give  preference  to  residents 98 

of  city  council,  may  require  plans  of  city  engineer 116 

to  apply  to  water  registrar  for  extension  of  water  service  on  city  property  170 

to  make  estimates 106 

reports  of 238 

rules  and  orders  concerning 236-248 

of  conference,  provisions  as  to 237 

See  Title  of  Committee. 

COM^ION 

See  Streets. 

CO]VEMON  COUNCIL 

established  14 

organization  of 17 

to  keep  record  of  proceedings  and  judge  of  election  of  members 17 

to  declare  vacancy  in  office  of  mayor 17 


294  INDEX. 

COMMON  COUNCIL,  continued.  paob 

sittings  to  be  public 19 

of  wliom  to  consist,  and  how  elected 39 

salary  of  clerk 90 

election  of  city  officers,  procedure 101 

to  choose  menil>er  of  board  of  supervisors 134 

may  refer  to  l)oard  of  public  works  any  matter  relating  to  streets, 

public  places,  etc 187 

shall  hear  board  of  public  works  in  defense  of  report 182 

action  on  report  of  board  of  public  works 183 

rules  and  orders  of 242-248 

order   of   business   of 247 

motions  and  votes 244 

orders,  when  suspended,  repealed  or  amended 246 

meml)er8  to  be  sworn ;  quorum ;  compensation ;  powers 14 

how  assigned  among  wards  by  charter 14 

reapportionment    of 14 

apportioned  among  wards 85 

removal  of  from  ward  after  election  shall  not  disqualify 102 

charter  provisions  as  to  manner  of  election  of 16 

manner  of  election 40 

terms  of  two  years 39 

vacancies  in,  how  filled 102 

elect  to  meet  first  Monday  in  January 17 

may  hold  other  office,  when 102 

ineligible  to  certain  offices 20,  54,  102 

conduct  of,  during  debate 245 

COMPENSATION 

of  members  of  city  council 14 

of  city  officers,  charter  provisions 19 

of  certain  officers,  to  be  fixed  by  concurrent  vote 34 

board  of  public  works  to  fix,  of  temporary  clerk 132 

of  board  of  water  commissioners 202 

See  Salaries. 
CONDUITS 

for  telephone  wires 219 

must  be  relocated  when  required  by  changes  in  sewers 220 

when  to  be  laid,  how  and  when  removed 220 

openings  in  streets  regulated 220 

of  telephone  company  may  be  used  by  city  wires 221 

CONFERENCE 

committee  of 237 

CONNECTICUT    RIVER 

river  line  established 69 

no  structure  or  filling  to  be  done  without  license 71 

use  of,  for  water  supply 260 

CONSTABLE 

appointment  and  removal  of 18 

may  be  required  to  give  bond 18 

city  marshal  and  assistant  marshal  to  l>e 175 

to  serve  orders  as  to  dilapidated  buildings.  . 164 

CONSTRUCTION 

of  buildings 52 


INDEX.  296 

CONTAGIOUS    DISEASE  paob 

duties  of  city  physician 120 

duties  of  health  physician 136 

CONTINGENT    FUND 

orders  of  board  on  claims  may  be  charged  to 130 

CONTRACTS 

of  city  exceeding  $1,000  to  be  in  writing,  etc..  and  not  to  be  altered,  except.  .97 

building  contracts  in  excess  of  $500  to  have  bond  approved  by  mayor 97 

not  to  be  made  with  person  who  has  broken  previous  contract 97 

with  city,  oflScers  of  city  government  not  to  have  private  interest  in 97 

city  engineer  to  measure  work  done  under 117 

copies  to  be  deposited  with  city  clerk  and  city  treasurer 98 

for  city  work,  to  contain  provisions  for  water  used  by  contractors 170 

city  engineer  to  make,  in  certain  cases 116 

superintendent  of  streets  may  make,  when 122 

made  by  schoolh^use  agent 126 

in  behalf  of  schools,  authority  divided  between  city  property  committee 

and  school   committee 126,  127 

made  by  board  of  supervisors . '. 134 

for  sewers  may  be  made  by  superintendent 189 

CONVENTION 

See  City  Couxcil,  Convention  of. 

COUNTY    COMMISSIONERS 

powers  of,  as  to  laying  out  streets,  etc 23 

powers  of,  as  to  North  End  bridge 251 

COWS 

See  Animals. 

CROSSWALKS 

travel  upon,  not  to  be  obstructed 199,  232 

not  to  be  obstructed  by  standing  teams. 199,  229 

CURBING 

See  Streets. 

CUTIFEW   204-205 


D 

DAMAGES 

claims  for,  to  be  investigated  by  board  on  claims 130 

to  be  estimated  by  park  commissioners 58 

board  of  public  works  to  estimate 132 

for  laying  out  streets,  how  assessed 23 

for  relocation  of  streets,  etc 45 

for  laying  out  streets,  etc.,  to  whom  paid 49 

land,  etc.,  taken  for  streets 48 

for  laying  out  streets,  etc.,  how  estimated 182 

for  taking  of  sewers,  etc.,  how  recovered ' 36 

for  taking  of  land,  etc.,  for  sewers  and  drains 132 

from  construction  of  main  sewers 187 

for  land,  etc.,  taken  for  water  supply 265,  267,  272,  273 

caused  by  defects  in  streets  of  Ludlow,  due  to  laying  water  pipes 269 

for  diversion  or  malicious  lise  of  city  water 263 

to  clothing  of  police  officers,  may  be  reimbursed 93 

for  removal  of  dilapidated  buildings 165 


296  INDEX. 

DAMAGES,  continued.  '  paob 

caused  by  establishment  of  building  line 188 

to  be  borne  by  telephone  company  when 221 

caused  by  defects  in  Old  Toll  bridge,  how  paid 265 

caused  by  defects  in  North  End  bridge,  how  paid 263 

resulting  from  defects  in  South  End  bridge,  how  paid 257,  259 

DEATHS 

certificate  of,  executed  by  city  physician 120 

list  of,  to  be  reported  by  board  of  health 136 

list  of,  to  be  reported  by  city  physician 119 

DEBT 

annual  statement  of 107 

of  city,  provisions  for  sinking  funds 100 

order  for,  to  require  a  two  thirds  vote. . . 239 

provisions  for  refunding  water  debt 276 

DEEDS 

given  by  the  city,  how  executed 222 

DEFINITIONS 

"avenue"    185 

"fire  duty" 95 

"for  cause" 177 

"lanes   and  alleys" 185 

"long  distance  telephone  wire" 74 

"places  and  courts" 185 

"street"    51,  132,  187 

DEPARTMENTS 

appropriations  for,  not  to  be  exceeded 86 

appropriations  exhausted,  city  council  to  be  notifietl 86 

not  to  make  expenditures  beyond  appropriations,  unless.  .^ 87 

bills  of,  to  be  approved  by  committee  or  board 87 

heads  of,  to  certify  to  correctness  of  bills 87 

to  file  itemized  bills  with  auditor  of  claims  due  on  or  before  tenth  of  month  88 

employees  of  ash  department,  how  paid 87 

contract  work,  may  be  measured  by  city  engineer 116 

city  engineer  to  furnish  plans,  specifications,  and  contracts  for 116 

to  apply  to  water  registrar  for  extension  of  water  service 170 

See  Titles  of  Departments. 

DEPUTY  CHIEF  EN(;iNEER 

See  Engineers  of  the  Fire  Department. 

DILAPIDATED  BUILDINGS 164 

See  Buildings. 

DISORDERLY   CONDUCT 

in  streets,  etc.,  forbidden 201 

at  fires  to  be  reported  to  fire  commission 151 

DISTRICT   POLICE 

may  be  called  upon  to  inspect  dangerous  buildings '.. ..  167 

DOGS 

keeping  of  regulated :  penalty 209 

complaints  of  disturbances  caused  by •. 209 

DOORS 

not  to  swing  over  streets  or  sidewalks 201 


INDEX.  297 

DRAINS  PAGE 

See  Sewers  and  Drains,  Plumbing. 
DRAY 

See  Truck. 
DRINKING    FOUNTAINS 

annual  credit  for,  to  water  department 171 

DRIVERS 

See  Fire  Department. 
DRIVING 

in  streets,  regulated 197 

of  trucks,  drays,  etc.,  at  moderate  pace 232 

DYNAMITE 

transportation  of 208 

E 

EDUCATION 

committee  on,  of  whom  to  consist  and  how  chosen 236 

ELECTIONS 

charter  provisions 15,  16 

of  members  of  city  council,  validity  of,  how  determined 17 

of  city  officers 19 

of  city  officers  by  viva  voce  vote 19  Note 

for  county,  state,  etc.,  officers,  how  held 25 

aldermen   and   councilmen 39,  40 

of  city  officers,  on  first  Monday  of  February 101 

of  city  officers,  after  time  fixed  by  ordinance,  to  be  valid 101 

warrants  for,  how  issued,  signed,  served  and  returned 223,  224 

of  salaried  officers  by  city  council 239 

committee   on 241 

See  City  Council;  Title  of  Officer. 

ELEVATORS 

See  Buildings. 

EMERGENCY   EXPENSES 

of  overseers  of  the  poor 104 

of  superintendent  of  schools 125 

of  board  of  health 136 

of  fire  commissioners 146 

of  police  department 177 

EMPLOYEES 

of  city,  eight  hours  to  be  day's  work 79 

weekly,  paid  upon  approval  of  certain  officers 87 

engint:er,  city 

to  have  charge  of  engineering  department 115 

appointment,  term  of  office,  removal 115 

salary  of 92 

to  have  charge  of  plans  of  streets,  etc 115 

plans  made  by,  to  remain  property  of  city 115 

duties   of 116 

may  employ  assistants  and  procure  materials 116 

duties  as  to  numbering  streets 117,  118 

to  report  annually  in  December 118 

to  make  plans  for  board  of  public  works 132 


298  INDEX. 

ENGINEER,  CITY,  continued.  paoh 

to  be  clerk  of  board  of  public  works 132 

to  be  a  member  of  board  of  survey 166 

powers  and  duties  as  to  construction  of  new  streets  on  private  lands.  .183-185 

to  take  measurements  of  sewer  connections,  when  notified 190 

to  inform  superintendent  of  sewers  as  to  grades 191 

to  make  and  keep  plans  of  common  sewers  and  entries 191 

assistant  city   engineers,   salary  of 92 

ENGINEERING    DEPARTMENT 115-118 

to  be  in  charge  of  city  engineer 115 

reports  of  city  engineer 117,  118 

assistants  in,  compensation,  etc 116 

ENGINEERS  OF  THE   FIRE   DEPARTMENT 

to  have  authority  of  fire  wards 33,  34 

board  of  engineers,  meetings,  quorum,  rules,  nominations 147,  148 

excuses,  to  pass  ujjon  sufficiency  of 94 

chief  engineer,  how  chosen,  tenure  of  office,  vacancies 146,  147 

charter  provisions 19,  33 

salary  of 19,  93 

absence  or  disability  of,  pay,  how  apportioned 94 

salary  of,  during  absence  or  disability 94 

absence  or  inability  of 148 

injuries  of,  as  affecting  compensation 95 

general  duties  of 148,  149 

to  be  member  of  board  of  survey 166 

ineligible  as  inspector  of  buildings 162 

to  approve  payment  of  permanent  men 87 

claims  for  pay,  to  approve . .  - 96 

report  of 145 

to  preside  over  board  of  engineers 147 

to  report  violations  of  building  ordinance 148 

may  order  changes  in  buildings,  etc.;  penalty 149 

to  make  nominations,  when 149 

may  suspend  member  for  neglect  of  duty,  etc 149 

to   approve   rolls 150 

may  order  apparatus  to  neighboring  town  or  city,  when 151 

duties  as  to  application  for  pensions 152 

to  cause  fire  alarm  to  be  sounded  at  9.30  p.  m 204 

deputy  chief  engineer,  how  chosen,  tenure  of  office,  vacancies 146,  147 

to  perform  duties  of  chief  engineer,  when 148 

salary  of   93 

salary  of  during  absence  or  disability 94 

absence  or  disability  of,  pay  how  apportioned 94 

injuries  of,  as  afTecting  compensation 96 

to  make  nominations,  when 149 

may  suspend  in  certain  cases 149 

to  approve  pajinent  of  permanent  men 87 

ineligible  as  inspector  of  buildings 162 

assistant  engineers,  charter  provisions 19,  33 

salary  of   19,  93 

how  chosen,  tenure  of  office,  vacancies  and  rank 146,  147 

performing  duties  of  chief  or  deputy  chief,  to  hare  their  pay 95 

to  report  disorderly  conduct  at  fires 151 


INDEX.  299 

ENGINEMEN  page 

See  Fire  Department,  Members  of. 

ENROLLMENT 

duties  of  clerk  of  common  council  as  to 238 

committee   on 241 

committee  of,  in  common  council 247 

ESTIMATES 

See  Appropriations,  Board  of  Public  Works,  Committees. 

EXHIBITION    LICENSES 

committee  on,  may  grant  licenses,  when 234 

may  order  firemen  and  policemen  at  theaters,  etc 235 

EXPENDITURES 

city  council  to  see  that  none  are  made  unless  granted 19 

report  of,  to  be  published  annually 19 

not  to  be  made  by  any  department  beyond  appropriations 87 

treasurer  to  report  to  city  council,  when 103 

committee  on  finance  to  report  annually 107 

auditor  to  make  annual  report  of 109 

of  superintendent  of  streets 123 

of  superintendent  of  schools 125 

restrictions  on  schoolhouse  agent 126 

order  authorizing,  to  have  two  readings  on  diflFerent  days 240 

restrictions  on  committees.     See  Title  of  Committees. 

EXPLOSIVES 

transportation  of,  regulated 208 

EXPRESS    WAGONS 

licenses,  what  to  include 138 

stands  and  licenses 197-198 

F 

FARE 

rates  of,  to  be  posted  inside  hackney  carriages;  rates  and  limits  of,  fixed.  .229 

FEES 

received  by  members  of  police  department,  to  be  accounted  for 178 

See  Licenses. 

FENCES 

in  streets,  not  to  be  injured 200 

FILTH 

rules  of  board  of  health  as  to 1 36 

not  to  be  placed  in  streets,  etc 197 

See  Night  Soil. 

FINANCE  COI^IMITTEE 

of  whom  to  consist  and  how  chosen 106,  236 

general  powers  and  duties 106,  107 

unpaid  claims  due  city,  treatment  of. 88,  89 

to  present  estimates  to  city  council 106 

other  committees  to  furnish  estimates  to,  of  money  needed 100,  125 

duties  of,  as  to  accounts  and  .securities  of  treasurer,  etc 107 

to  report  annually,  receipts,  expenditures,  city  property  and  city  debt.  .  .  .107 

may  prescribe  form  of  auditor's  accounts 109 

estimate  of  police  department 174 


300  INDEX. 

FINES  PAOB 

to  be  recovered  before  police  court 24 

to  be  paid  to  city  treasurer 24 

payment  of,  how  enforced 25 

to  be  accounte<l  for  by  justice  of  police  court 28 

incurred  not  affected  by  rejteal  of  ordinance 225 

See  Penalties. 

FIREARMS 

not  to  he  discharged  in  streets,  etc 200 

FIRE  ALARM 

to  be  sounded  at  9.30  p.  ni 204 

FIRE  ALARM  TELEGRAPH 

regulation  of,  by  fire  commission 145 

not  to  be  injured  or  defaced ;  penalty 153 

wires  may  be  placed  in  telephone  conduits 221 

superintendent  of,  how  chosen,  tenure  of  office,  vacancies,  rank 146,  147 

salary  of 93 

to  be  supervisor  of  wires : 151 

to  have  charge  of  police  signal  telegraph 178 

to  have  access  to  telephone  conduits 221 

FIRE    DEPARTMENT 

IN   GKNEBAI,. 

charter  provisions 20 

as  established  under  Acts  of  1853 33 

general  alarms  to  be  answered  by  members  during  three  days'  vacation ....  94 

"fire  duty"'  defined 95 

in  general  143-153 

estimates   of 145 

to  be  under  general  control  of  fire  commission 145 

rules   of • 145 

report  of 145 

credit  of,  not  to  be  e.\ceede<l 145 

of  whom  to  consist 146 

rolls 150 

apparatus  not  to  be  taken  from  city,  except 150 

investijrntion  of  suspensions 149 

suspended  persons,  may  appeal 149 

streets  barricaded  by,  to  be  kept  clear 151 

disorderly  conduct  at  fires 151 

pensions  of  firemen,  act  accept  d "9 

in  fire  department 151-153 

members  incapacitated,  to  be  examined  by  city  physician 120 

examination  of  members  for 152 

to  be  paid  from  appropriation 153 

committee  on,  of  whom  to  consist  and  how  chosen 106,  236 

member  of  board  of  fire  commissioners 144 

FIRE   COM.HISSIONKKS,    BOARU   OF. 

authorized  by  statute 68 

chosen  by  city  council,  to  serve  without  compensation 68 

of  whom  to  consist,  appointment,  removal  from  city,  vacancies 144 

to  notify  mayor  of  vacancy  existing 144 

general  powers  and  duties 145 

estimates,  accounts,  report 145 


INDEX.  301 

FIRE   DEPARTMENT,  continued.  page 

to  choose  chairman  and  secretary 144 

chairman  of  fire  commission,  appointment,  tenure  of  office 144 

secretary  of  fire  commission 145 

powers  to  sell  and  purchase  property  for  less  than  $1,000.  ! 145 

to  approve  bills 146 

to  have  emergency  fund  of  $200 146 

may  order  compensation  paid  to  chief  or  deputy  chief,  while  disabled 95 

discretion  as  to  salary  of  first  assistant  call  engineer 93 

may  grant  vacations  with  pay 94 

to  fix  salaries  of  captains 93 

powers  as  to  pay  of  call  members 94 

claims  for  pay,  to  approve 96 

may  fix  pensions 152 

may  change  pensions,  after  a  hearing 152 

powers  in  choosing  captains,  lieutenants,  and  clerks 149 

may  appoint  and  fix  compensation  of  extra  call  men 96 

may  suspend,  remove  or  discharge  any  offiter  or  member  of  department .  .  .  149 

to  investigate  appeals  by  persons  suspended 149 

to  approve  rules  of  board  of  engineers 147,  148 

chairman  may  order  apparatus  to  neighboring  town  or  city 151 

may  detail  firemen  at  theaters,  etc 235 

may  require  fire  apparatus  in  theaters,  etc 235 

OFFICERS   AND  MEMBERS. 

officers,  authority  of 33 

members  of,  how  appointed 33 

members  of,  how  chosen,  number  of,  to  be  fixed  by  city  council 146,  147 

members  of,  may  be  suspended,  removed  or  discharged  by  fire  commis- 
sioners   149 

members  of,  age,  residence,  occupation 150 

candidates  to  be  examined  by  city  physician 120 

members  of,  neglect  of  duty,  how  punished 149 

companies  to  have  captain,  lieutenant,  and  clerk 149 

nominations 149 

oflScers  of,  may  be  suspended,  removed  or  discharged  by  fire  commissioners  149 

suspension  of  officers  and  members 149 

removal  of  officers  and  members 149 

discharge  of  officers  and  members 149 

officers  of,  neglect  of  duty,  how  punished 149 

captains,  how  chosen 149 

captains,  duties  of,  as  to  rolls 150 

captains,  to  disburse  pay  to  members 150 

captain,  may  excuse  members ^ 94 

lieutenant 93 

lieutenants,  how  chosen 149 

clerks,  how  chosen,  duties  and  tenure  of  office 149 

clerks,  duties  of,  as  to  rolls 150 

members  to  answer  general  alarms  during  three  days'  vacation 94 

members  absent  without  excuse  to  pay  penalty 94 

composition  of  companies,  how  fixed 147 

quarterly  pay  rolls  to  be  approved 146 

extra  call  men,  appointment  and  compensation 96 

running  members 150 


302  INDEX. 

FIRE  DKPAIITMENT,  continued.  paob 

Salaries  and  Vacations 

engineers    94 

captains 03,  94 

call    captains 93 

drivers    94 

enginemen    94 

hydrantinen    94 

laddermen    94 

linemeti  94 

tillermen    94 

call   members 94 

running  members 94 

salary  of  members  of  Hose  Co.  No.  5 94 

salaries'  in,  how  fixed 34 

permanent  men,  how  paid 87 

salaries  of  members 93 

members  may  have  two  weeks'  vacation  with  pay 94 

members  of,  disabled,  to  have  full  pay,  when 95 

claims  for  pay  to  be  made  within  three  days  from  injury 95 

claims  for  pay  to  be  approved  by  commissioners  and  chief  engineer. . .  .95 

compensation  of  extra  call  men 96 

compensation  of  members  not  serving  between  pay  days,  to  be  forfeited  96 

members  of,  how  paid 160 

pay  to  be  fixed  by  city  council 151 

FIRE    DISTRICT 

act  authorizing  cities  to  regulate  construction  of  buildings 62 

courts  may  restrain  unlawful  construction  of  buildings  within 62,  167 

boimdeti    154 

storage  of  rags  and  waste  paper  in 214 

See  Buildings, 
FIRE    DISTRICTS 

of  town  of  Springfield 26,  27 

may  be  established 37,  41 

FIRE    ESCAPES 

upon  schoolhouses 167 

See  Buildings. 
FIRE    HYDRANTS 

annual  charge  for 171 

FIRES 

extinguishment  of 33 

rules  as  to  construction  of  buildings 62 

duties  of  police  department  as  to 178 

FIRE    WOOD 

survey,  inspection   and  sale  of 23 

not  to  remain  over  night  in  streets,  etc 197 

wagons  for  sale  of,  where  may  stand 198 

persons  selling  from  team  on  street  must  have  load  measured 199 

not  to  be  sawed  or  piled  on  sidewalk  or  street 200 

FIREWORKS 

not  to  be  discharged  in  streets,  without  license 200 


INDEX.  303 

FISCAL    YEAR                                                                                                                  page 
to  end  December  tenth 103 

FISH 

not  to  be  taken  from  water  supply  reservoir  without  permission 268 

FLAGS 

suspended  over  sidewalks 19(5 

FOOTWALKS 

travel  upon,  not  to  be  obstructed 199 

"FOR  CAUSE"  defined 177 

FORESTER 

appointment,  tenure  of  oflSce,  duties 121 

salary  of 91 

removal  from  office 121 

to  act  under  board  of  supervisors 121 

to  approve  payment  of  employees  in  forestry  department 87 

may  order  electric  fixtures  removed  from  trees;  penalty 121 

FORFEITURES 

to  be  recovered  before  police  court 24 

to  be  paid  to  city  treasurer 24 

city  relieved  from 62 

See  Penalties. 

FRUIT 

wagons  for  sale  of,  where  may  stand 198 

FUEL 

not  to  remain  over  night  in  streets 197 

See  Fire  Wood. 

FUT^MIXATES 

transportation   of 208 

FURNITURE 

second-hand    212 


G 

GAMES 

of  chance,  not  to  be  played  in  streets 200 

in  streets,  regulated 202 

GARBAGE 

powers  of  board  of  health 136 

GAS   PIPES 

not  to  obstruct  sewers 190 

not  to  be  disturbed  by  telephone  company 220 

GATES 

not  to  be  allowed  to  swing  over  streets  or  sidewalks 201 

GOATS 

See  Animals. 
GRADE 

of  sewers,  streets,  etc.     See  Streets,  Sewers,  and  Engineer,  City. 
GUIDEPOSTS 

in  streets,  not  to  be  injured 200 

GUNCOTTON 

transportation  of 208 

GUNPOWDER 

transportation  of 208 


304  INDEX. 

n 

HACKNEY     CARRIAGES  paob 

rules  and  orders  as  to:  to  be  numbered,  and  licensed 228 

to  stand  where  ordered  by  mayor,  etc 229 

not  to  obstruct  streets 220 

drivers  to  wear  badges 229 

rates  of  fare 229-231 

to  convey  baggage,  when 231 

persons  other  than  driver,  etc.,  not  to  solicit  passengers 232 

HALLS 

entrance  to,  not  to  be  obstructed  by  loiterers 202 

HANDBILLS 

not  to  be  placed  in  streets,  etc 197 

HAY 

wagons  for  sale  of,  where  may  stand 198 

HEALTH,  BOARD  OF 

charter  provisions 22 

election,  qualifications,  tenure  of  office,  vacancies,  and  removal 135 

of  whom  to  consist;  powers  and  duties 135 

report  of 130 

inspectors   of 136 

may  appoint  agent  and  inspectors 136 

rules  of 136,  138,  139 

to  choose  chairman 136 

health  physician  to  be  clerk  of 136 

salary   of   clerk 91 

plumbing  rules 136 

records   of 136 

may  supervise  plumbing ; 63 

powers  as  to  priAy  vaults 65 

may  command  city  physician  in  case  of  contagious  disease 120 

applications  to,  for  certain  services 139 

to  record  certain  licenses 139 

to  regulate  keeping  of  swine 140 

to  make  rules  for  plumbing,  issue  permits 141 

may  revoke  plumbing  licenses 142 

powers  of,   as  to  dilapidated  buildings 165 

may  ortler  landowner  to  connect  with  public  sewer:  notice:  penalty 192 

agent  of 136 

compensation  of 01,   136 

to  approve  payment  of  employees  of  scavenger  and  ash  departments.  .87 
See  Health  Physician, 

HEALTH   PHYSICIAN 

duties   of 136 

compensation  of 01,   136 

See  Health,  Board  of. 

HIGHWAY    DEPARTMENT 

employees  of,  how  paid 87 

HIGHWAYS 

city  council  may  alter  or  discontinue 35 

provisions  as  to  streets  to  apply  to 187 

See  Streets. 


INDEX.  305 

PAGE 

HOOK     AND     LADDER 33 

See  FiBE  Department. 
HORNS 

not  to  be  blown  in  streets  without  license 201 

HORSES 

speed  in  streets  not  to  exceed  eight  miles  per  hour 197 

See  Animals. 
HOSEMEN 

See  Fire  Department. 
HOSPITAL,    CITY 

appropriations  may  be  made  for 37 

HOTELS 

entrance  to,  not  to  be  obstructed  by  loiterers 202 

See  Buildings. 
HOUSE   DIRT 

not  to  be  placed  in  streets,  etc 197 

HYDRANTMEN 

See  Fire  Department, 


I 

ICE 

to  be  removed  from  sidewalks 44 

not  to  be  put  in  streets  unless  spread  evenly 199 

upon  sidewalks  to  be  removed  or  sanded 203 

INDECENT    EXPOSURE 

from  streets,  etc.,  prohibited 201 

INDECENT    LANGUAGE 

in  streets,  forbidden 201 

INFECTIOUS    DISEASES 

See  Contagious  Diseases. 
INJUNCTIONS 

to  prevent  illegal  erection  or  use  of  buildings 52,  167 

INN    HOLDERS 

licenses  of 19 

INSANE    PERSONS 

to  be  attended  by  city  physician 119 

INSPECTION 

of  lumber,  coal,  wood,  bark,  ordinances  may  provide  for 23 

of  buildings  by  district  police 167 

INSPECTOR    OF   ANBL^LS.     See  Animals. 

INSPECTOR   OF    BUILDINGS.     See  Buildings,  Inspector  of. 

INSPECTOR    OF    COAL.     See  Coal,  Inspector  of 217 

INSPECTOR   OF   MEATS.     See  Meats,  Inspector  of. 
INSPECTOR   OF   MILK.     See  Milk,  Inspector  of. 
INSPECTOR   OF   POLICE.    See  Police  Department. 
INTEREST 

upon  unpaid  taxes 99 

IRON    RINGS 

not  to  be  affixed  to  lamp-posts  in  streets 200 


306  INDEX. 

J 

JABISH   BROOK  paob 

water  supply  from 271 

JANITORS 

of  Bchoolhouscs,  employment  and  compensation  of 127 

JOINT   RESOLUTIONS 

readings  and  passage  of 238 

JOINT    STANDING    COMMITTEES 

See  Ck>MMITTEES. 

JUNK 

collectors  of,  to  be  licensed,  provisions 213 

.to  carry  badge;  hours;  not  to  enter  building  without  permission.  .  ..213 
bags,  vehicles,  etc.,  of  may  be  examined;  information  to  be  given. . ,  .214 
to  give  information  to  police,  etc.:   rags,  etc.,  how  stored  in  fire 

district   214 

dealers  in;  licenses;  records;  inspection;  report 211 

not  to  receive  from  minors 212 

to  keep  trace  of  certain  articles 212 

sign;  inspection;  hours;  licenses;  penalty 212 

rags,  etc. ;  how  stored  in  fire  district 214 

JURORS,    LIST    OF 22 


K 

KITE    FLYING 

in  streets,  regulated 202 


LABOR 

residents  to  have  preference 98 

LADDERMEN 

See  Fire  Department. 
LAMP- POSTS 

in  streets  not  to  be  injured  or  defaced  by  advertising  matter,  etc 200 

LAMPS 

in  streets,  not  to  be  lighted  or  extinguished  without  permission 200 

LANES 

provisions  as  to  streets  to  apply  to 187 

See  Street. 
"LANES    AND    ALLEYS" 

defined    185 

LANTERNS 

in  streets,  not  to  be  injured 200 

LAYING  OUT  STREETS,  SIDEWALKS,  SEWERS,  ETC. 

See  Streets,  Sidewalks,  Sewers,  Public  Works,  Board  of. 
LEASES 

given  by  the  city,  how  executed 222 

LEGISLATURE 

may  amend   charter 32 

See  Acts  of  the  Legislature. 


INDEX.  307 

LIBRARY  PAOK 

See  City  Libraby  Association. 
LICENSES 

mayor  and  aldermen  to  have  exclusive  power,  etc.,  in  certain  cases 19 

forfeiture  of 139 

for  filling,  etc.  in  Connecticut  river 71 

for  trucks,  etc.,  to  include  removal  of  ashes 138 

to  remove  night  soil,  dead  animals,  etc 138 

to  remove  ashes,  etc.,  form  of 139 

for  keeping  of  swine 140 

for  plumbing,  may  be  revoked  by  board  of  health 142 

to  dig  up  and  occupy  streets,  etc 195 

for  express  wagons,  etc 198 

to  move  buildings  through  streets 199 

for  fireworks  and  bonfires  in  streets 200 

for  use  of  bells,  horns,  etc.,  in  streets 201 

for  sprinkling  streets 203 

to  place  metal  coverings  in  sidewalks ;  terms ;  revocation 204 

for  dealers  in  junk,  old  metals  and  second-hand  articles 211 

for  dealers  in  junk,  etc .  212 

to  rag  pickers,  junk  collectors,  etc.,  revocation:   record:  expiration 213 

to  boot  blacks :  general  provisions 215 

to  dealers  in  coal  and  coke;  term:  fee 217 

for  hackney  carriages;  record  of;  fee;  expiration 228 

for  trucks,  drays,  etc. ;  record  of 231 

for  trucks,  drays,  etc.,  conditions,  expiration,  transfer;  fee 232 

for   street   musicians ;   expiration ;   fee 233 

for  street  musicians,  may  include  several  persons 233 

fee  for,  public  amusements,  theatrical  exhibitions,  circuses,  etc 234 

LIEN 

'  assessment  under  acts  of  1866,  ch.  174,  for  altering,  etc.,  streets  to  be  a  49,  50 

upon  land,  of  costs  of  removing  unsafe  structures 166 

of  sidewalk   assessments 186 

LIEUTENANT 

See  Police  Department. 
LIGHTING  STREETS 

committee  on,  of  whom  to  consist  and  how  chosen 106,  236 

to  report  estimates  annually  to  finance  committee 106 

LIGHTS 

to  be  placed  around  obstructions  in  streets 196 

to  be  kept  over  fuel,  etc.,  left  in  streets  after  twilight 197 

in  streets,  not  to  be  lighted  or  extinguished  without  permission 200 

LOITERING 

in  streets,  forbidden 201 

LONGMEADOW 

part  of,  annexed 66-68 

LUDLOW 

duties  of  Springfield  in  laying  water  mains  in 269 

water  to  be  supplied  to,  free,  for  certain  purposes 269   270 

See  Water  Supply. 
LUMBER 

survey  and  sale  of 23 

not  to  be  deposited  in  streets  without  license 195 


308  INDEX. 

M 

MACADAMIZING                                                                                                               tagb 
board  of  supervisors  may  contract  for 134 

MANHOLES 

for  telephone  conduits 219 

may  l)e  opened  witliout  permit 220 

MANURE 

disposal    of 1^3 

not  to  be  removed  from  streets  without  authority 201 

MARSIL\L,  CITY 

appointment,  and  removal  of 18,   175 

may  be  required  to  give  bond 18 

to  give  bond  of  $2000 170 

salary  of 82 

absence  from  duty  with  full  pay 93 

to  act  as  constable 175 

powers  and  duties 1 7ti.  177 

to  have  $200  for  emergency  expenses 177 

to  approve  absence  from  duty  of  members  of  police  department 93 

may  appoint  and  remove  lieutenant 175 

may  appoint  and  remove  sergeants • 175 

ma^'  detail  and  remove  inspectors 176 

may  assign  duty  to  reserve  police 179 

may  serve  notices  for  board  of  public  works 181 

may  serve  sidewalk  notices 185 

to  assign  stands  for  wagons  selling  provisions,  etc 198 

to  assign  stands  for  public  carriages 1J>8 

maj'  order  loiterers  in  streets  to  move  on 201 

may  order  loiterers  away  from  certain  buildings 202 

duties  of,  enforcing  chapter  37    (injurious  practices  in  streets) 206 

to  control  transportation  of  explosives  in  streets 208 

to  order  certain  dogs  to  be  removed 209 

dealers  in  junk,  etc.,  records,  inspection:   report 211 

may  examine  bugs,  etc.,  of  rag  pickers,  etc.;  may  receive  information,  etc.  .214 

reports  to,  of  inspector  of  coal 218 

service  of  warrants  for  general  meetings 222 

to  approve  posters,  when 235 

may  license  boot  blacks;  application:   revocation:  record 216 

to  record  licenses  for  hackney  carriages  etc.,  transfers 228 

to  keep  record  of  licenses  of  trucks,  drays,  etc.,  and  of  transfers 232 

to  license  street  musicians,  and  furnish  tag  and  copy  of  rules 233 

MARSHAL,  ASSISTANT 

appointment  and  removal  of 18 

annual    election 175 

powers   and   duties 178 

to  have  powers  and  duties  of  constables 18 

salary  of 92 

to  give  bond  of  $1500 176 

to  act  as   constable 175 

may  serve  notices  for  board  of  public  works 181 

may  serve  sidewalk  notices 185 

may  assign  stands  for  wagons  selling  provisions,  etc 198 

duties  in  enforcing  chapter  37   (injurious  practices  in  streets) 205 


INDEX.  309 

MARSHAL,  ASSISTANT,  continued.  paob 

rag  pickers,  etc.,  inspection  of  bags,  etc.,  and  examination:     report 214 

service  of  warrants  for  general  meetings 223 

MASTER   OF   ALMSHOUSE.     See  Almshouse,  Master  of. 

MATERIALS 

officers  of  city  not  to  furnish  in  private  capacity 97 

MAYOR 

CHARTER  AND  SPECIAL   STATUTES. 

to  be  principal  executive  and  administrative  officer 14,  18 

charter  provisions  as  to  manner  of  election 16 

tenure   of   office 16 

to  be  notified  of  election  by  aldermen 16 

absence  of,  aldermen  to  choose  presiding  officer 17 

in  case  of  decease,  resignation,  absence  or  physical  inability  of,  acting 

mayor  to  be  chosen 17 

vacancy  in  office  of 17,  &  Note 

when  no  election 17 

oaths  administered  to 17 

may  administer  oaths  to  members  of  city  council 17 

duties  of 18 

salary  of;  not  to  be  changed  during  term 18 

may   remove  officers 18 

may  call  special  meetings  of  city  council 18 

to  preside  in  board  of  aldermen  and  in  convention 18 

information  and  recommendations  to  city  council 18 

to  ha.ve  casting  vote 18 

to  cause  laws  and  ordinances  to  be  enforced .  .  .• 18 

as  commissioner  of  highways 18 

veto  power  of 18  Note 

nominations  by 19 

to  l»e  chairman  of  overseers  of  the  poor 20 

to  certify  dissolution  of  school  districts 21 

to  be  ear  officio  member  of  board  of  water  commissioners 54 

may  appoint  board  of  park  commissioners 56 

ex  officio  member  and  chairman  of  school  committee 61 

to  designate  officer  to  enforce  law  against  smoke  nuisance 72 

GENERAI.  PROVISIONS. 

to  draw  orders  on  the  treasurer 86 

absence  or  inability  of 86,  87 

not  to  draw  orders  on  treasury  beyond  appropriation  for  each  department .  .  86 

to  be  notified  when  appropriation  for  any  department  is  exhausted 86 

to  approve  payment  of  weekly  employees 87 

may  draw  orders  upon  city  treasurer  for  certain  payments,  within  ap- 
propriations   87 

salary  of,  not  to  be  changed  during  term 90 

to  approve  amount  and  sureties  on  certain  building  contract.* 97 

contracts  in  excess  of  one  thousand  dollars,  to  be  signed  by 97 

may  hold  other  office,  when 102 

no  election,  wan-ants  for  new  election 102 

no  election  of.  president  of  aldermen  to  perform  duties 102 

to  be  member  of  finance  committee 106 

notices,  etc.,  issued  by,  to  be  served  by  city  messenger 112 

may  require  citj'  engineer  to  measure  work  done  by  contract 116 


310  INDEX. 

MAYOR,  continued.  i"a<jk 

may  request  city  physician  to  examine  persons  injured,  when  city  may 

be  liable 120 

to  be  member  of  committees  on  finance,  and  on  printing 106,  236 

may  inspect  accounts  of  schoolhouse  agent 127 

to  be  member  of  board  on  claims 1 30 

to  be  member  of  board  of  supervisors 134 

may  require  services  of  health  physician 136 

duties  of,  in  respect  to  violations  of  building  ordinance 102 

may  provide  fire  escapes  for  schoolhouses,  when 107 

to  be  member  and  chairman  of  police  commission 172 

to  approve  bills  of  police  department 175 

may  assign  duty  to  reserve  police 171) 

may  order  loiterers  in  streets  to  move  on 201 

may  order  loiterers  away  from  certain  buildings 202 

to  approve  certain  bonds 204 

to  approve  sureties  on  bond  of  telephone  company 221 

to  sign,  seal  and  acknowledge  deeds,  etc.,  in  behalf  of  city 222 

may  assign  or  discharge  mortgages 222 

may  sign  warrants  for  city  meetings  in  absence  of  clerk 223 

may  order  hackney  carriages  where  to  stand 229 

ea  officio  chairman  of  joint  committees 237 

APPOINTMENTS,  KEMUVALS,  ETC. 

to  appoint  city  auditor 108 

may  appoint  auditor  pro  tempore 109 

may  remove  city  physician 119 

to  appoint  city  physician 119 

to  appoint  and  remove  city  forester 121 

may  remove  member  of  l)oard  of  health 135 

to  appoint  fire  commissioners 144 

to  appoint  members  of  police  commission 172 

to  appoint  inspector  of  coal 218 

to  appoint  all  committees  of  board  of  aldermen 241 

See  Ma  YOB  and  Aldermen,  Acting  Mayor. 
MAYOR   AND   ALDERMEN 

CHAKTER  AND  SPECIAL  STATUTES. 

charter   provi^jions   for   election   of 15 

to  issue  warrants  for  meetings  of  citizens 15 

to  notify  aldermen  of  election 16,  17 

shall  record  failure  to  elect  mayor 17 

executive  powers  of  city  vested  in 18 

to  have  powers  of  selectmen 18 

I)Owers  as  to  liceuHes 19 

sittings  to  be  public 19 

appointments  by.  to  be  made  on  nominations  of  mayor 10.  20 

powers  and  duties  as  to  jury  list 22 

charter  powers  as  to  streets  and  ways 23 

to  compare  election  returns 25 

duties  as  to  list  of  voters 26 

to  warn  general  meetings  of  citizens  upon  request.' 26 

may  appoint  engincmen.  hosemen,  and  hook  and  latMer  men 33 

sewers  and  drains,  may  vote  to  appropriate 36 


INDEX.  31 1 

MAYOR  AND  ALDERMEN,  continued.  tagk 

not  to  act  upon  streets,  sidewalks  or  sewers  without  recommendation 

of  board  of  public  works 36 

to  appoint  a  building  commissioner 37 

buildings,  powers  as  to 41 

to  be  board  of  appeal,  in  cases  of  rembval  of  wires 75 

powers  of  as  to  police  department  transferred  to  city  council 77 

not  elected,  warrants  for  new  election 102 

G£NKRAI.  PROVISIONS. 

to  issue  warrants  for  elections  to  fill  vacancies  in  city  offices 102 

to  appoint  committee  on  sewers  and  drains 106 

may  require  plans,  etc.,  from  city  engineer 116 

may  order  a  street  renumbered 117 

may  assess  expense  of  numbering  buildings 118 

to  designate  inspector  of  buildings 162 

powers  as  to  dilapidated  buildings 164 

may  designate  inspector  of  buildings 165 

powers  to  remove  certain  dilapidated,  etc.,  buildings 165 

may  choose  member  of  board  of  survey 166 

may  order  immediate  removal  of  unsafe  buildings 1 66 

may  request  district  police  to  inspect  buildings 167 

may  permit  firing  of  artillery 168 

to  approve  bond  of  collector  of  taxes 169 

to  approve  bonds  of  marshal  and  assistant  marshal 176 

commands  of,  to  be  obeyed  by  city  marshal 177 

action  upon  petitions  for  changes  in  streets .  181 

may  designate  police  officer  to  serve  notices  for  board  of  public  works. ...  181 

shall  hear  board  of  public  works  in  defense  of  report 182 

action  upon  betterment  cases 133 

may  refer  to  board  of  public  works  any  matter  relating  to  streets, 

public  places,  etc 187 

powers  of,  as  to  sewers  and  drains 189 

sewers  and  drains,  general  authority,  to  receive  report 1 89,  190 

to  prescribe  materials  and  dimensions  of  common  sewers 191 

may  order  landowner  to  connect  with  public  sewer;  notice;  penalty 192 

to  issue  permits  for  sewer  entrances 193 

to  adopt  rules  and  regulations  for  sewers  and  drains 193 

awnings,  powers  as  to 196 

may  permit  and  regulate  suspension  of  articles  over  streets  and  sidewalks  196 

may  assign  stands  for  express  wagons,  etc 198 

permission  of,  to  light  or  extinguish  city  lamps 200 

authority  of,  as  to  trees  in  the  streets 200 

may  examine  shops  of  dealers  in  junk,  etc 212 

may  authorize  underground  wires  and  distributing  poles "219 

may  order  changes  in  telephone  conduits,  poles,  etc 221 

may  revoke  authority  given  to  telephone  company,  when 221 

may  require  new  bond  from  telephone  company,  when 221 

notice  of  general  meetings  of  citizens 224 

rules  and  orders  as  to  hackney  carriages 227 

may  inspect  places  of  public  amusement 235 

LICENSES. 

to  remove  night  soil,  etc ' 138 

to  remove  ashes,  etc 138 


312  INDEX. 

MAYOR  AND  ALDERMEN,  continued.  ^^0= 

for  public  carriages 198 

express  wagons,  etc 198 

fireworks  and  bonfires  in  streets 200 

use  of  bells,  horns,  etc.,  in  streets 201 

for  street  sprinkling,  record,  revocation 203 

pawnbrokers    210 

dealers  in  junk,  etc.,  and  inspect  their  records 211 

to  rag  pickers,  junk  collectors,  etc 213 

to  drive  hackney  carriages,  etc 228 

for  trucks,  drays,  etc 231 

for  public  amusements 234 

See  Aldermen,  Board  of;  Mayor  and  City  Council. 

MEATS  AND  TROVISIONS 

inspector  of 1 36 

salary  of 91 

MEATS,   PROVISIONS   AND   ANIMALS 

inspector   of 137 

compensation   of 137 

MEETINGS 

to  vote  upon  park  laws,  how  held 60 

of  committees,  to  be  notified  by  city  messenger 112 

of  citizens,  how  called,  etc 223 

MEETINGS    OF    CITIZENS 

charter  provisions 25,   26 

MERCHANDISE 

suspended  or  displayed  in  sidewalks  or  streets 196 

MESSENGER,   CITY 

election,  term  of  office,  duties 112,  113 

salary  of 90 

fees    113 

may  have  assistance,  when 113 

messages  transmitted  between  boards  of  city  council  by,  to  be  written. . .  .237 

MILK  AND   VINEGAR 

inspector  of 137 

compensation  of 91,  137 

entire  time  to  be  given 91 

MINOR 

rag  pickers  and  junk  collectors  not  to  deal  with 213 

MINORS 

pawnbrokers  not  to  receive  articles  from 210 

dealers  in  junk,  old  metals  and  second-hand  articles,  not  to  purchase  from  212 
licenses  to,  as  boot  blacks 215 

MISSILES 

not  to  be  thrown  or  projected  in  or  into  streets 202 

MONEY 

of  city,  bonds  to  be  required  of  persons  entrusted  with 19 

not  to  be  taken  from  treasury  unless  granted  or  appropriated 19 

how  and  when  drawn  from  treasury,  restrictions 86,  87,  130 

not  to  be  drawn  from  treasury  without  mayor's  order 86 

MORTGAGES 

duties  of  assistant  city  clerk 114 

how  discharged  or  assigned 222 


INDEX.  313 

MOTIONS.    See  Rules  and  Orders.  »'^ob 

MULES.     See  Anima-ls. 

MUNICIPAL    REGISTER 

published  annually  by  city  council \9 

to  include  annual  report  of  board  of  water  commissioners 55 

MUSICIANS.     See  Street  Musicians. 


NAILS 

not  to  be  thrown  in  streets 197 

NEGLECTED     CHILDREN 105 

NIGHT   SOIL 

licenses  to  remove 138 

not  to  be  transported  through  streets,  when 1 39 

restriction  as  to  carrying  through  streets 201 

NITROGLYCERINE 

transportation   of 208 

NOISES 

certain,  in  streets,  regulated 201 

NOMINATIONS 

mayor  has  exclusive  power 20 

NON-CONCURRENCE 

of  boards  in  city  council,  proceedings  upon 237 

NON-RESIDENTS  167 

NORTH  END  BRIDGE.     See  Bridges. 

NOTES 

of  city,  how  paid 87 

NOTICES 

in  case  of  laying  out  streets,  sidewalks,  sewers,  etc 37 

messenger  to  serve 112 

to  mayor,  by  city  engineer,  of  encroachments  on  streets 117 

of  violation  of  building  ordinances 162 

to  owner,  of  violation  of  building  ordinances 162 

of  dilapidated  building 164 

of  unsafe  buildings 165 

to  non-resident  owners  of  unsafe  buildings 167 

of  hearing  by  board  of  public  works,  how  served 181 

of  hearing  on  damages  caused  by  laying  out  streets,  etc 182 

to  landowners,  of  construction  of  sidewalks,  how  served,  etc 185 

of  construction  of  sidewalks,  how  served,  returned,  etc 186 

to  owner  of  underground  pipes,  to  remove  same 190 

to  landowner,  to  connect  with  public  sewer 192 

requiring  protection  against  snow  slides 206 

of  general  meeting  of  citizens 224 

NUISANCES 

certain  buildings,  to  be 41 

may  be 52 

privy  vault  may  be 65 

smoke  nuisance  regulated 72 

powers  of  board  of  health 136 

creation  of,  upon  private  premises 130 

certain  buildings  may  be 164 


314  INDEX. 

NUISANCES,  continued.  paob 

buildings  which  are,  may  be  enjoined 167 

in  streets  to  be  investigated  by  city  marshal 177 

NUMBERING    STREETS 

record  to  be  kept  by  city  engineer 118 

o 

OATHS 

of  city  oflScers,  when  and  by  whom  administered 10.  17 

OCCUPANT 

of  tenement,  when  liable  for  water  rent 263 

OFFICERS,   CITY 

charter  provisions  as  to  election  of:  tenure  of  office 15,  16 

election  of  by  city  council  on  first  Monday  of  February 101 

manner  of  election  by  city  council 101 

election  of,  by  city  council,  to  be  by  viva  voce  vote 239 

election  of,  after  time  fixed  by  ordinance,  to  be  valid 101 

terms  of  office 101 

removal  from  one  ward  to  another  not  to  disqualify 102 

vacancies,  how  filled 1 02 

not  to  have  private  interest  in  city  contract 07 

hiring  labor,  to  give  preference  to  residents U8 

city  officer,  not  to  be  fire  commissioner 1 44 

See  Titles  of  Officebs. 

OFFICERS,    ELECTION 

salary  of,  to  be  fixed  by  order  of  city  council 91 

OLD   METALS 

dealers  in;   licenses;   records;   inspection;   report 211 

collectors  of,  to  be  licensed,  provisions 213 

OMNIBUSES 

rules  and  orders  as  to 228-231 

ORDERS 

for  payment  of  money  from  treasury,  how  drawn 86 

drawn  by  mayor  upon  city  treasurer  within  appropriations 87 

authorizing  penalties  or  expenditures  to  have  two  readings  on  differ- 
ent days 240,  248 

for  printing  may  have  two  readings  on  same  day 241,  248 

as  to  dilapidated  buildings,  procedurci 164,  165 

on  treasurer.     See  Tbeasuber. 
See  Rules  an,d  Orders. 

ORDINANCES 

table  .showing  disposition  of  Revise<I  Unliiiances  of  1890 7 

table  showing  disjMwition  of  ( >r(linanc-es  |)assed  1898-1904 '.» 

charter  provisions,  penalties,  etc 23,  24 

to  be  enforced  by  mayor 18 

to  be  published 24 

need  not  be  set  forth  in  complaint 24 

may  regulate  construction  of  buildings 52 

may  prescribe  mode  of  collecting  water  rents,  etc .IS 

may  regulate  business  of  plumbing US 

may  regulate  board  of  fire  commissioners (58 

designating  oflicer  to  place  wires  underground 73 


INDEX.  315 

ORDINAN'CES,  continued.  paok 

may  regulate  police  department 77 

provisions  of,  as  to  time  of  election  to  be  directory 101 

duties  of  board  of  public  works  may  be  prescribed  by 132 

compensation  of  board  of  public  works 133 

violation  of,  as  to  buildings,  may  be  enjoined 167 

violation  of,  how  prosecuted 177 

how  engrossed,  and  published 224 

enacting  style 224 

when  to  take  effect 224 

certain,    repealed 225 

repealed,  effect  of 225 

readings  and  reference  to  committee 238 

method  and  stages  of  passage  of 239,  247 

passage  of,  not  to  have  more  than  one  reading  on  same  day 240 

committee   on 241 

committee  on,  in  common  council 247 

OUTCRY,   BOISTEROUS 

not  to  be  uttered  in  streets  without  license 201 

OVERSEERS  OF  THE  POOR 

to  be  elected  annually  by  city  council 19,  36 

election  and  tenure  of  office 36,  53 

compensation  of,  to  be  fixed  by  city  council 19 

powers  and  duties  of 20 

city  physician  to  be  member  of  board,  and  to  be  sworn 53 

to  serve  without  compensation 92 

salary  of  clerk  or  agent 92 

meetings  of 103 

accounts  and  claims  to  be  approved,  when 104 

master  of  almshouse  elected  by,  annually 104 

,     emergency  fund,  how  paid,  used  and  returned 104 

annual  report , 104 

OWNERS 

of  buildings,  to  affix  numbers 117 

of  buildings,  failure  of  to  affix  numbers 118 

of  premises,  to  pay  for  removal  of  night  soil,  etc 138 

of  dilapidated  building,  may  appeal  from  order 164 

of  unsafe  buildings  to  be  notified 165 

of  building  ordered  removed,  etc.,  may  appeal 166 

of  building,  declared  unsafe,  to  secure  same  at  once;  penalty 166 

non-resident,  of  unsafe  buildings,  how  notified 167 

to  have  notice  of  proposed  changes  in  streets 181 

of  land,  may  be  required  to  connect  with  public  sewer,  when;  penalty. .  .  .192 

of  certain  buildings,  may  order  loiterers  away 202 

to  remove  snow  from  sidewalk  in  front  of  premises 203 

of  buildings  may  be  required  to  place  guards  against  snow  slides 206 

of  premises,  when  liable  for  water  rents 203 

See  Abutters. 

OXEN.    See  Animals. 

P 

PAMPHLETS 

not  to  be  placed  in  streets,  etc 1 97 


316  INDEX. 

PAPER                                                                                                                                    PAOB 
collectors  of,  to  be  licensed,  provisions 213 

PARK  COMMISSIONERS,  BOARD  OF 

tenure  of  oflTice,  qualifications 56 

vacancies,  how  filled 57 

members  of,  how  removed 57 

members  to  serve  without  compensation 57 

to  have  power  to  locate  parks,  take  lands,  make  rules,  employ  offices,  etc.. .  .67 

money  not  fo  be  expended  until  appropriated  by  city  council 57 

to  file  in  registry,  a  description  of  land  taken 58 

damages  to  be  estimated  by 58 

may  assess  betterments 68 

to  report  receipts,  expenditures,  etc.,  annually  to  city  council 59 

to  construct  a  park  road  from  Long  Hill  street  to  Stickney  road 67 

chairman  of,  to  approve  payment  of  employees 87 

PARKS 

statutory  provisions / .  .  56-61 

to  be  laid  out  by  park  commissioners 57 

shall  belong  to  city 58 

fee  of  land,  taken  for,  to  be  in  city 68 

land  taken  for,  description  to  be  recorded 68 

how  paid  for 58 

gifts  and  bequests  for,  may  be  accepted 58 

city  may  appropriate  money  for 5& 

"Public  Park  Loan" 59 

buildings  not  allowed  upon 59 

no  street  or  railroad  to  cross,  except  with  consent  of  commissioners 59 

military  encampment  upon,  not  allowed 59 

statute  to  be  accepted  by  voters 60 

statute  accepted  61  Note 

park  road  through  Forest  Park  established 67,  68 

questions  may  be  referred  to  board  of  public  works 187 

use  of  air  pipes,  pop  guns,  etc.,  prohibited 202 

superintendent  of,  to  approve  payment  of  employees 87 

police,  to  be  appointed  by  park  commissioners 67 

department,  employees  of,  how  paid 87 

See  Streets. 

PARLIAMENTARY  RULES.     See  Rules  and  Orders. 

PARTY   WALLS.     See  Buildings. 

PASSAGEWAYS 

how  designated  by  names 185 

PAUPER    DEPARTMENT 

committee  on,  of  whom  to  consist  and  how  chosen 106,  236 

committee  to  report  estimates  annually  to  finance  committee 106 

See  Overseers  of  the  Poor. 

PAUPERS 

may  be  vaccinated 120 

PAVING 

board  of  supervisors  may  contract  for 134 

annual  report  of 123 

PAWNBROKERS 

to  be  licensed ;  regulations ;  penalty 210 


INDEX.  317 

PAYMENT  PAOB 

of  claims  against  the  city 86 

PENALTIES 

for  breach  of  bj'-laws 23 

to  be  recovered  before  police  court 24 

to  be  paid  to  city  treasurer 24 

may  be  affixed  by  park  commissioners 57 

not  affected  by  repeal  of  ordinance 225 

order  imposing,  to  have  two  readings  on  different  days 240 

for  smoke  nuisance 72 

absent  members  of  fire  department 94 

for  attaching  electric  fixtures  to  trees 121 

truant   children    129 

night  soil,  dead  animals,  ashes,  etc 139 

for  neglect  to  remove  combustible  materials 148 

for  neglect  to  make  alterations  in  buildings,  when  ordered 149 

for  failure  to  remove  unsafe  building 166 

for  opening  streets  or  sewers,  without  authority 190 

for  failure  to  connect  with  sower  after  notice 192 

for  exhausting  steam  into  sewers 193 

for    injurious   practices   in    streets,    prosecutions   must   be   within   six 

months  after  offense 205 

for  failure  to  make  alterations  to  prevent  snow  slides 207 

for  diversion  or  malicious  injury  to  city  water  supply 263 

for  fishing  or  boating  in  water  supply  reservoirs 268 

for  violation  of  building  ordinances 41,  163 

of  building  laws 52 

of  plumbing  ordinance '53,   142 

of   rules   as   to   street   numbering 117 

of  swine  ordinance 140 

of  provisions  of  chapter  on  fire  department 153 

of  rules  of  water  department 170 

of  ordinance  as  to  public  carriages 198 

of  ordinance  as  to  express  wagons,  etc 198 

of  curfew  ordinance 204 

of  chapter  37   (injurious  practices  in  streets) 205 

of  ordinance  as  to  explosives 208 

of  ordinance  as  to  dogs 209 

of  ordinance  as  to  pawnbrokers 210 

of  ordinance  as  to  dealers  in  junk  and  second-hand  articles 212 

of  ordinance  as  to  rag  pickers  and  junk  collectors 214 

of  boot  black  ordinance 216 

of  ordinance  as  to  dealers  in  coal  and  coke 218 

of  rules  as  to  hackney  carriages,  trucks,  etc 232 

of  rujes  as  to  street  musicians 234 

PENSIONS 

for  firemen,  act  accepted 79 

See  Fire  Depabtment. 
PETITIONS 

for  laying  out,  altering,  etc.,  streets,  action  on  by  city  council 181-183 

for  laying  out,  altering,  etc.,  streets,  to  be  signed  by  six  inhabitants 181 

See  Rules  and  Orders. 


318  INDEX. 

PHYSICIAN,    CITY  paqb 

appointment,  term  of  office,  qualifications,  duties 119 

removal  of,  and  vacancy  in  office 119 

duties   of 120 

salary  of 91,  120 

to  be  member  of  board  of  overseers  of  poor,  and  to  be  sworn 53 

ex  officio  member  of  board  of  overseers  of  poor 119 

persons  injured  by  accidents  to  be  examined  by 120 

to  examine  firemen  who  apply  for  and  receive  pensions 152 

report   of 119 

PHYSICIAN,    HEALTH.    See  Health  Physician. 

PIPES 

interfering  with  sewers,  to  be  removed  by  owners 190 

interfering  with  sewers  may  be  changed  by  superintendent,  expense  to 

be  paid  by  owner 190 

PISTOLS 

not  to  be  discharged  in  streets,  except 200 

"PLACES  AND  COURTS" 

defined    185 

PLANS 

made  by  city  engineer,  to  be  property  of  city 115 

cit}'^  engineer  to  have  charge  of 115 

for  drainage  systems  to  be  approved  by  board  of  health,  and  not  to  be 

altered    141 

of  proposed  changes  in  streets  and  sidewalks  to  be  made  by  board  of 

public  works 181,  186 

See  Engineer. 

PLUMBING 141,  142 

may  be  regulated  by  ordinance 63 

form  of  applications  to  board  of  health,  for  plumbing  permits 141 

form  of  permits  issued  by  board  of  health  for 141 

inspector  of,  to  be  notified  when  work  is  ready 142 

to  be  left  open  until  inspected 142 

POLICE    COURT 

charter  provisions 27-30 

to  have  jurisdiction  of  breaches  of  by-laws,  ordinances  and  orders 24 

POLICE   DEPARTMENT 

POLICE  COMMISSION. 

of  whom  to  consist ;  how  appointed 172 

tenure  of  office,  compensation  and  removal;  vacancies 173 

qualifications  of  members 173 

political  affiliations  of  members ' 173 

powers  and  duties,  in  general 174 

meetings  174 

mayor  to  be  chairman 172 

mayor  has  no  power  to  vote *. 173 

vice-chairman,  tenure  of  office 173 

clerk,  not  to  be  member  of  commission,  duties,  compensation 173 

estimates  and  account 174 

account  of,  to  be  charged  with  pay  of  officer  in  charge  of  police  signal 

telegraph 93 

account  of,  to  be  charged  with  expense  of  police  signal  tel^raph 178 

approval  of  bills 174 


INDEX.  •  319 

POLICE   DEIWRTMENT,  continued.  rxan 

to  choose  members  of  department  annually 175 

may  suspend,  discharge,  etc.,  members  of  police  department 176 

may  reimburse  police  officers  for  damages  to  clothinjx 93 

may  detail  policemen  at  theaters,  etc 235 

report   of 174 

GENERAL  PROVISIONS. 

administration  of,  vested  in  mayor  and  aldermen 18 

may  be  governed  by  board 77 

of  whom  to  consist 175 

rules  and  regulations 176 

salaries  of  members 92 

to  be  under  control  of  police  commission 174 

officers  of,  to  be  sworn 176 

bills  to  be  approved  by  police  commission 174 

credit  of,  not  to  be  exceeded 174 

to  be  notified  of  times  when,  and  places  where,  fast  driving  is  allowed. .  .  .197 

assistance  at  fires 178 

pay  rolls  to  state  absences  of  members 174 

powers  of  police  commission  as  to  compensation  of  members 174 

members  of,  to  account  for  all  fees  received 178 

members,  suspension  and  discharge  of 176 

insubordination,  how  punished 176 

absence  from  duty  with  full  pay 93 

candidates  to  be  examined  by  city  physician 120 

members  incapacitated,  to  be  examined  by  city  physician 120 

officers  injured,  to  be  treated  by  city  physician 120 

captain  of  the  watch,  annual  election 175 

salary  of 92 

absence  from  duty  with  full  pay 93 

rag  pickers,  etc.,  examination  of,  and  inspection  of  bags;  report 214 

lieutenant  of  police,  how  chosen  and  removed 175 

salary  of 92 

sergeants  of  police,  how  appointed  and  removed,  duties,  vacancies 175 

salary  of 92 

police  inspectors,  how  chosen  and  removed 176 

salary  of ■ 92 

special  policemen,  salary  of 93 

police  matron,  salary  of 92 

•  police  signal  telegraph,  to  be  in  charge  of  superintendent  of  fire  alarm. . .  .178 

salary  of  officer  in  charge 93 

expense  of,  charged  to  account  of  police  commission 178 

wires  may  be  placed  in  telephone  conduits 221 

See  Marshal. 

POMCE   OFFICERS. 

appointment  and  removal  of 18 

how  chosen   175 

number  of,  fixed  by  commission 175 

reimbursed  for  damages  to  clothing 93 

duties  of,  in  case  of  fire 178 

may  serve  notices  for  board  of  public  works 181 

may  serve  sidewalk  notices 185 

mav  order  loiterers  in  streets  to  move  on 201 


320  INDEX. 

POLICE  DEFAKTMENT,  continued.  page 

may  order  loiterers  away  from  certain  buildings 202 

may  send  home  children  found  in  streets  after  9.30  p.  m 205 

duties  in  enforcing  chapter  37 205 

may  examine  records  and  property  in  shops  of  dealers  in  junk,  etc 211 

rag  pickers,  etc.,  examination  of,  and  inspection  of  bags,  etc.;  report 214 

WATCHMEN. 

number  of,  fixed  by  city  council 175 

vacancies  among 175 

salary  of 92 

to  be  also  police  officers 175 

may  order  loiterers  in  streets  to  move  on 201 

may  order  loiterers  away  from  certain  buildings 202 

duties  in  enforcing  chapter  37 205 

BESERVE  POLICE  FORCE. 

how  chosen 175 

established  178 

salary  of  members 93 

number  of  members 179 

powers ;  duties ;   compensation 179 

appointments  to ;  subject  to  civil  service  rules 179 

PONDS 

swimming  in,  etc.,  regulated 201 

POOR.     See  Overseers  of  the  Poor. 

POSTERS 

city  marshal  to  approve 235 

PRESIDENT    OF    COMMON    COUNCIL 

how  chosen  and  tenure  of  office 17 

to  issue  warrants  for  new  election,  when 102 

to  be  member  of  committees  on  finance  and  on  printing 100,  236 

to  be  member  of  finance  committee 106,  236 ' 

to  be  member  of  board  on  claims 130 

notices,  etc.,  issued  by,  to  be  served  by  city  messenger 112 

rules  and  orders  concerning 243-245 

to  appoint  standing  committees 243 

president  pro  tempore 245 

in  absence  of,  senior  member  to  preside 245 

PREVIOUS    QUESTION 

in  common  council 244 

PRINTING 

contracts  for,  in  excess  of  $200  to  be  authorized  by  city  council 1 07 

order  authorizing,  may  have  two  readings  on  same  day 241,  248 

committee  on,  of  whom  to  consist  and  how  chosen 106,  236 

duty  of    107 

to  contract  for  and  oversee  city  printing,  etc 107 

PRIVY 

may  be  prohibited,  when ;  penalty 192 

vaults,  regulated   65 

contents  of,  how  removed 1 38 

transportation  of  contents  regulated. 201 

PRODUCE    AND    PROVISIONS 

wagons  for  sale  of,  where  may  stand 198 


INDEX.  321 

PROFANE   LANGUAGE                                                                                              paob 
in  streets,  forbidden 201 

PROPERTY 

of  fire  department 145 

sale  or  purchase  of,  by  police  commission 174 

See  City  Pkoperty. 

PROPOSALS 

not  to  be  accepted  from  person  who  has  broken  previous  contract 97 

PUBLIC    AMUSEMENTS 

regulated    234 

provisions  as  to  exits;  and  fire  apparatus 235 

places  of,  may  be  inspected  by  mayor  and  aldermen 235 

detail  of  policemen  and  firemen 235 

PUBLIC   BUILDINGS 

to  be  under  care,  etc.,  of  city  council 19 

superintendent  of,  may  be  inspector  of  buildings 165 

entrance  not  to  be  obstructed  by  loiterers 202 

PUBLIC   LIBRARY.     See  City  Library. 

PUBLIC  PLACES,  SQUARES,  GROUNDS,  ETC.     See  Streets. 

PUBLIC   PROPERTY.     See  City  Property. 

PUBLIC   WORKS,   BOARD   OF 

election,  tenure  of  office 131 

members  of,  to  be  sworn 132 

vacancies,  duties 132 

city  engineer  to  be  clerk  of 132 

compensation  of 91,  133 

records  and  plans 132 

hearings  132 

to  give  hearing  on  damages  to  parties  interested 182 

report  of 183 

recommendations  of,  as  to  streets,  sidewalks  and  sewers 37 

to  act  upon  petitions  for  street  changes;  view;  hearing;  report 181 

to  prepare  plans  and  estimates  of  street  changes 181 

powers  as  to  construction  of  new  streets  on  private  lands 183-185 

powers  as  to  laying  out,  etc.,  of  sidewalks 185 

sidewalks,  hearings  and  report 186 

powers  as  to  laying  out  sewers  and  drains 187 

may  recommend  construction  of  sewer  in  private  way 191 

may  recommend  connection  of  private  with  public  sewer 192 

duty  of,  to  consider  matters  referred  by  either  branch  of  city  council 187 

action  of  city  council  upon  report  of 182 

may  be  heard  in  city  council  in  defense  of  report 182 

action  upon  betterments 183 

to  advertise  annually  certain  ordinances 187 


Q 


QUORUM 

of  city  council 14 

R 

RAGS 

to  be  stored  in  fire  district  only  in  brick  or  stone  buildings 214 


322  INDEX. 

RAGS,  continued.  page 

collectors  of,  to  carry  badge;   hours;    not  to  enter  building  without 

permission    213 

to  be  licensed,  provisions 213 

RAG  PICKERS 

and  junk  collectors  not  to  do  business  upon  Lord's  day 213 

bags,  vehicles,  etc.,  of,  may  be  examined;  information  to  be  given 214 

to  give  information  to  police,  etc.;  rags,  etc.,  how  stored  in  fire  district.  .214 

RAILROADS 

bathing  without  clothing  within  view  of,  forbidden 201 

not  to  be  laid  out  acro.ss  parks 59 

RECONSIDERATION 

in  board   of  aldermen 241 

in  common  council 246 

RECORDS 

of  to^vn  of  Springfield,  charter  provisions 31 

of  city  council 17 

city  clerk  to  deliver  to  successor 20 

of  common  council 248 

of  ordinances,  to  be  kept  by  city  clerk 224 

in  clerk's  office,  duties  of  assistant  city  clerk 1 14 

of  board  of  public  works 132 

of  licenses  kept  by  board  of  health 139 

of  licenses  to  boot  blacks  to  be  kept  by  marshal 215 

of  licenses  for  hackney  carriages  and  trucks  to  be  kept  by  marshal  228,231,232 

REFUSE 

substances,  removal  of 138 

disposal  of 123 

REPEAL 

charter  provisions   32 

of  ordinances,  effect  of 225 

REPORTS 

of  committees.     See  Rules  and  Orders. 

of  various  officers,  boards  and  committees.     See  Titles. 

REPRESENTATIVES    TO    GENERAL    COURT 

number  of,  how  determined 25 

how  elected  25 

RESERVOIRS 

of  water  supply,  fishing  and  boating  prohibited ;  penalty 208 

RESIDENTS 

of  city  to  have  preference  in  hiring  of  labor 98 

RESOLVES.     See  Rules  and  Orders. 

RETAILERS 

licenses  of   19 

REVISED    ORDINANCES 

when  to  take  effect 225 

RIVER 

swimming  in,  etc.,  regulated 201 

ROCKET.     See  Fireworks. 

RUBBISH 

powers  of  board  of  health 136 

not  to  be  placed  in  streets,  etc • 197 


INDEX.  323 

RULES   AND   ORDERS  paqb 

of  city  council 230-239 

of  the  board  of  aldermen 240,  241 

of   common   council 242-248 

of  mayor  and  aldermen;   as  to  hackney  carriages,  etc 227-235 


SALARIES 90-96 

of  mayor,  not  to  be  changed  during  year 18 

how  paid   87 

when  due  and  payable 96 

not  provided  for,  how  fixed 96 

SCAVENGER   DEPARTIMENT 

employees  of,  how  paid •. 87 

SCHOOL   COMMITTEE 

CHAKTEK  AND   SPECIAL   STATUTES. 

charter  provisions  as  to  number  and  election  of 15 

charter  provisions  as  to  manner  of  election 16 

salary 19,  34 

failure  to  choose,  and  vacancies 20 

powers   and   duties   of 21 

of  whom  to  consist  and  how  chosen ;  tenure  of  office 61 

mayor,  member  and  chairman  ex  officio 61 

ORDINANCES. 

of  whom  to  consist  and  how  chosen;  tenure  of  office 124 

election  of,  ballots,  how  marked 125 

meetings  of  103 

to  give  public  notice  of  times  and  places  of  meetings 103,  104 

to  certify  compensation  of  school  teachers 87 

accounts  and  claims,  to  be  approved,  when 104 

what  bills  may  be  contracted  and  approved  by 127  • 

not  to  fix  salaries  of  teachers  to  exceed  appropriations 125 

to  present  estimate  to  finance  committee 125 

to  appoint  superintendent  of  schools 125 

superintendent  and  schoolhouse  agent  to  be  under  direction  of 125,  126 

SCHOOL    DISTRICTS 

abolished    21 

SCHOOL  TEACHERS 

compensation  paid  upon  certificate  of  school  committee 87 

SCHOOLHOUSE  AGENT 

election,  duties,  restrictions  upon 126 

salary  of 91 

to  keep  account  of  expenditures,  etc 127 

books  of,  to  be  examined 127 

to  have  charge  of  schoolhouses 125 

report  of , 127 

SCHOOLHOUSES 

janitors  of,  employment  and  compensation 127 

fire  escapes,  etc 167 

SCHOOLS 

general    provisions 124-128 

to  be  under  supervision  of  superintendent  of  schools 125 


324  INDEX. 

SCHOOLS,  continued.  page 

tuition  to  be  cliarged  for  cliildren  living  on  United  States  grounds 127 

proviaions  as  to  children  living  on  United  States  grounds 128 

provisions  for  truants 129 

pupils  may  be  vaccinated 120 

superintendent  of,  ajjpointnient,  jjowers,  emergency  expenses 125 

to  assent  to  certain  contracts  of  schoolhousc  agent 125 

to  inspect  accounts  of  schoolhouse  agent,  monthly 127 

See  School  Committee. 
SEAL 

of  city,  design  and  custody  of 81 

of  city,  upon  deeds,  etc 222 

SECOND-HAND   ARTICLES 

dealers  in:  to  keep  trace  of  certain  articles 212 

not  to  receive  from  minors 212 

licenses:  records:   inspection:   report 211 

sign:    inspection:   hours:   licenses:    penalty 212 

SERGEANT 

See  Police  Department. 
SERPENT 

( See  Fireworks  ) 200 

SEWERS  AND  DRAINS 

CHARTER  AND  SPECIAL  STATUTES. 

Charter    provisions 23 

not  to  be  established,  etc.,  without  recommendation  of  board  of  public 

works    36 

in  the  streets,  to  belong  to  city 36 

may  be  appropriated  by  the  city. 36 

from  Garden  brook  to  Connecticut  river 42 

Garden  brook,  assessments,  costs,  appeal,  etc 43 

premises  connected  with,  not  to  have  privy  vaults 65 

sewer  outfalls  may  be  extended  beyond  river  line,  when 69 

ORDINANCES. 

in  general 189-193 

land  and  water  courses  may  be  taken  for 132 

materials  and  dimensions  to  be  prescribed  by  mayor  and  aldermen 191 

to  be  built  only  in  properly  constructed  streets 191 

account  of  cost,  to  be  kept  and  reported  by  superintendent 189 

board  of  public  works,  powers  and  duties 132 

duties  of  board  of  public  works  as  to  laying  out 187 

dimensions,  materials  and  grade  to  be  approved  by  board  of  public  works.  .185 

sewers,  duties  of  city  engineer  as  to  laying  out 116 

plans  of  common  sewers  to  be  made  and  kept  by  city  engineer 191 

information  as  to  grades  to  be  furnished  by  city  engineer,  when 191 

rules  and  regulations 192-193 

common  sewers  to  be  built  in  center  of  street 191 

land  may  be  taken  for 132 

land  taken  for 187 

not  to  be  obstructed  by  laying  of  pipes,  etc 190 

not  to  be  disturbed  by  telephone  company 220 

report  of  superintendent  of  sewers 190 

flushing,  annual  credit  to  water  department  for 171 

steam  not  to  be  exhausted  into;  penalty 193 


INDEX.  325 

SEWKKS   AND    DRAINS,  continued.  pao» 

public  notice  of  certain  provisions  to  l)e  given  annually 187 

sewage  pipes  in  buildings,  subject  to  rules  of  board  of  health 141 

laid  across  private  property,  consent  and  proceedings 187 

to  be  laid  in  new  streets  before  accepted 185 

not  to  be  opened  or  connected  with  private  drain,  except:  penalty 190 

connections  with  private  drains  to  be  measured  by  city  engineer 190 

connections  between  private  drains  and  common  sewers,  when  made 191 

private  sewers  to  be  connected  with  public  only  under  certain  conditions.  .191 
in  private  streets,  to  be  city  property  when  connected  with  public  sewer. . .  191 

private  sewers  not  to  be  connected  with  public,  except 192 

private  drains,  permit  of  entry 192 

owners  of  land  may  be  ordered  to  connect  with  public  sewers;  penalty 192 

private  drains  connected  with  main  sewers,  how  constructed 192 

permits  for  sewer  entrances 193 

committee  on,  of  whom  to  consist  and  how  chosen 106,  241 

to  report  estimates  annually  to  finance  committee 106 

superintendent  of.     See  Streets,  Superintendent  of. 

SHADES.     See  Awnings. 

SHAVINGS 

duties  of  chief  engineer  as  to 148 

SHEEP.     See  Animals. 

SIDEWALKS 

COKSTRUCTION. 

charter  provisions   23 

may  be  established  by  city  council 44 

owners  of  abutting  lands  may  be  compelled  to  construct 44 

not  to  be  constructed,  etc.,  without  recommendation  of  board  of  public 

works 36 

expenditures  for,  to  be  reported  by  superintendent  of  streets 123 

board  of  public  works,  powers  and  duties 132 

board  of  public  works,  hearing  and  report 186 

proceedings  in  laying  out  and  establishing 185 

plans,  etc.,  and  construction  of 186 

notice  of  construction  to  be  given  by  city  clerk  to  all  abutting  owners. . . .  186 

may  be  con.sti'ucted  by  city  at  expense  of  landowners,  when 186 

in  private  streets,  materials  to  be  used  for 184 

curbing 184 

lands,  lien  for  sidewalk  assessments 186 

assessments  for,  to  be  a  lien  upon  lands  for  two  years 186 

USE. 

snow  and  ice  to  be  cleared  from,  by  abutting  owners 44 

not  to  be  dug  up  or  obstructed  by  building  material,  without  license. .....  195 

obstructions  in,  to  be  guarded  by  railings  and  lights 196 

signs  suspended  over 196 

awnings  over,  how  placed  and  maintained 196 

articles  suspended  over,  regulations 196 

not  to  be  encumbered  with  firewood,  coal,  etc.,  over  night 197 

travel  upon,  not  to  be  obstructed 199 

carts,  wheelbarrows,  etc.,  not  allowed  upon 199 

certain  animals  not  allowed  upon 199 

wood  not  to  be  sawed  or  piled  upon 200 

booths,  etc.,  for  sale  of  articles  not  allowed  upon 200 

gates  and  doors  not  allowed  to  swing  over 201 


326  INDEX. 

SIDEWALKS,  continued.  paob 

three  or  more  persons  not  to  obstruct  travel  upon 201 

auctions  not  to  be  held  upon,  when 201 

coasting  upon,  forbidden 202 

snow  to  be  removed  from 203 

ice  upon,  to  be  removed  or  sanded 203 

water  from  eaves  and  leader  pipes  not  to  be  discharged  upon 203 

washing   windows,    regulated 203 

metal  coverings  in,  regulated 204 

injuries  caused  by  metal  coverings  in 204 

SIGNS 

not  to  be  affixed  to  lamp-posts  in  streets 200 

in  streets,  not  to  be  injured 200 

SINKING-  FUNDS 

established ;  duties  of  commissioners 100 

for  "Public  Park  Loan" 59 

report  of  commissioners  of 100 

commissioners  of,  how  elected,  tenure  of  office,  vacancies,  duties 100 

of  water  department 262 

for  water  bonds,  may  be  held  by  sinking  fund  commissioners 275 

provisions  as  to  refunding  of  water  debt 276 

SLIDING 

on  certain  streets  and  on  sidewalks  prohibited 202 

SMOKE 

emission  of,  declared  a  nuisance ; 72 

SNOW 

not  to  be  put  in  streets  unless  spread  evenly 199 

removal  of,  from  sidewalks 44,  203 

to  be  removed  from  the  roofs  of  certain  buildings 207 

slides,  prevention  of 206-207 

SOLICITOR,   CITY 

may  require  plans,  etc.,  from  city  engineer 116 

may  request  city  physician  to  examine  persons  injured,  when  city  may 

be  liable 120 

SOUTH   END    BRIDGE.     See  Bkidges. 

SQUARES 

questions  may  be  referred  to  board  of  public  works 187 

See  Streets. 

STAGES 

rules  and  orders  as  to 228 

STATUTES.     See  Acts  of  the  Legislatuhe. 

STEAM 

not  to  be  exhausted  into  a  main  sewer  or  drain;  penalty 193 

STONES 

or  other  missiles  not  to  be  thrown  in  streets 202 

STORES   AND    STOREHOUSES.     See  Buildings. 

STREET    DIRT 

disposal  of 123 

not  to  be  removed  from  streets  without  authority 201 

STREET    LIGHTING 

committee  on    100 

STREET   MUSICIANS 

rules  as  to 232-234 


INDEX.  327 

STREET   MTSICIANS,  continued.  paob 

to  l)e  licensed ;  to  have  tag  and  copy  of  rules 233 

several  may  be  included  in  one  license 233 

not  to  perform  after  10  p.  m.  or  on  Sunday 233 

to  stop  j)laying  when  ordered,  in  certain  cases 234 

STREET   RAILWAY 

telephone  lines  or  conduits  not  to  interfere  with 220 

use  of  north  end  bridge  by 251 

STREET    WATERING 

fixtures,  to  be  in  control  of  water  department 170 

certain  expenses  of 170 

annual  credit  for,  to  water  department 171 

STREETS,  etc. 

defined 51,  132,  187 

charter  provisions   22 

mayor  may  be  appointed  commissioner  of  highways 18 

CONSTRUCTION. 

changes  in  must  be  recommended  by  board  of  public  works 36,  181 

relocation  of   45 

construction,  alteration,  etc 48 

alteration  of,  value  of  land  and  buildings,  how  estimated 49 

laying  out,  etc.,  damages  to  whom  paid 49 

land  upon,  altered,  etc.,  may  be  surrendered  to  city 50 

laying  out,  etc.,  construction  of  statutes 51 

person  aggrieved  in  highway  cases  may  have  jury 50 

not  to  be  laid  out  across  parks 59 

wires  not  to  be  hereafter  erected  in 74 

electric  wires  to  be  removed  from 73 

laying  out,  etc.,  in  general 180-187 

petitions  for  changes  in ■. 181 

petitions  to  be  acted  upon  by  mayor  and  aldermen 181 

board  of  public  works,  powers  and  duties 132 

land  taken  for  street  purposes,  value  to  be  estimated 49,  182 

to  be  under  general  supervision  of  board  of  supervisors 134 

changes  in,  parties  interested  may  have  a  hearing  before  city  council 182 

plans  and  estimates  of 181 

surveys  of,  to  be  made  by  city  engineer 110 

specifications  for  construction  of  public 183-185 

sprinkling  of,  regulated 203 

city  may  dig  up,  to  lay  water  pipes 261 

common  sewers  to  be  laid  in  center  of 191 

opening  of,  not  to  interfere  with  sewers 190 

sewers  not  to  be  constructed  in,  when 191 

sewers  in  private  streets  not  to  be  connected  with  public  sewers 192 

construction  of  sewer  entrances  and  private  drains  in 192 

private  drains  in,  to  be  city  property  when  connected  with  sewer 191 

betterments   183 

statements  as  to  work  proposed,  to  be  filed  on  or  before  May  1 195 

public  notice  of  certain  provisions,  to  be  given  annually 187 

to  be  made,  repaired  and  cared  for  by  superintendent  of  streets 122 

cleaning  of 123 

numbering  of 37,  117 

barricaded  at  fires  to  be  kept  clear 151 


328  INDEX. 

STREETS,  etc.,  continued.  paoh 

buildings  within  lines  of 117 

building  line  may  be  established 188 

designations  classified '. 185 

constructed  on  private  lands,  not  to  be  accepted  unless  constructed 

according  to  specifications 183 

plan  and  profile  to  be  furnished  before  new  street  is  constructed 183 

width  and  cross  section  of 183 

surface  of  new  streets  to  be  cleared 183-184 

corners  and  angles 184 

catch  basins  and  grates 184 

tree  belts ;  curbing ;  gutters 184 

excavation,  embankment  and  side  slopes 184 

material  of  finished  grade 184 

not  to  be  accepted,  unless  sewer  is  laid 185 

location,  direction  and  grade  of  streets  constructed  after  Jan.  1,  1902   185 

constructed  after  Jan.  1,  1902,  not  to  be  accepted,  when 185 

underground  conduits  for  telephone  wires  in 219 

INJURIOUS    PRACTICES    IN 

trees  in,  not  to  have  electric  fixtures  attached;  penalty 121 

transportation  of  offensive  substances,  regulated 139 

nuisances,  etc.,  in,  to  be  investigated  by  city  marshal 177 

not  to  be  opened,  except;  penalty 190 

not  to  be  dug  up  or  obstructed  without  license 195 

staging  not  to  be  erected  in,  without  license 195 

articles  suspended  over 19G 

dug  up,  or  obstructed,  to  be  guarded  by  railings  and  lights,  and  repaired. .  19G 

horses  not  to  be  driven  faster  than  eight  miles  per  hour 197 

animals  not  to  go  at  large  in 197 

stands  for  express  wagons,  etc 197 

not  to  be  obstructed  by  standing  teams 199 

not  to  be  encumbered  with  firewood,  coal,  etc.,  over  night 197 

wood  not  to  be  sawed  or  piled  in 200 

persons  acting  as  boot  blacks  in,  must  be  licensed 215 

boot  blacks  working  in,  to  obtain  consent  of  owner  of  abutting  property. .  .215 

shells  uot  to  be  placed  in,  etc 197 

house  dirt,  ashes,  rubbish,  handbills,  etc.,  not  to  be  thrown  in 197 

articles  liable  to  puncture  tires  not  to  be  in 197 

snow  and  ice  not  to  be  placed  in  unless  spread  evenly 199 

impure  water  from  buildings,  not  to  be  allowed  to  run  into 201 

water  from  eaves  and  leader  pipes  not  to  be  discharged  upon 203 

gates  and  doors  not  allowed  to  swing  over. . 201 

firearms  not  to  be  discharged  in 200 

bells,  horns,  outcries,  etc.,  for  advertising,  not  to  to  be  used  without  license  201 

trees  in,  not  to  be  injured,  etc.,  without  permission 200 

animals  not  to  be  fastened  to  trees  in 200 

travel  upon,  not  to  be  obstructed 199 

buildings  not  to  be  moved  through 199 

games  of  chance  not  to  be  played  in 200 

city  lamps  in,  not  to  be  lighted  or  extinguished  without  permission 200 

fences,  guideposts,  awnings,  lamp-posts,  etc.,  in,  not  to  be  injured 200 

fireworks,  bonfires,  etc.,  in,  without  license,  prohibited 200 

booths,  for  sale  of  fruit,  etc.,  not  allowed 200 


INDEX.  329 

STREETS,  et«.,  continued.  paob 

street  dirt  and  manure  not  to  lie  removed  without  authority 201 

bathing  without  clothing  within  view  of,  forbidden 201 

disorderly  conduct  and  indecent,  etc.,  language,  forbidden 201 

vehicles  for  carrying  contents  of  privy  vaults,  etc.,  regulated 201 

three  or  more  persons  not  to  obstruct  travel  upon 201 

ball  playing,  kite  flying,  etc.,  regulated 202 

use  of  certain  vehicles  forbidden 202 

coasting  in  certain,  prohibited 202 

use  of  air  pipes,  pop  guns,  etc.,  prohibited 202 

children  under  sixteen  not  to  be  in,  after  9.30  p.  m. ;  penalty 204 

roofs  of  buildings  near  street  line,  to  be  cleared  of  snow 207 

transportation  of  explosives  in,  regulated 208 

surface  not  to  be  disturbed  for  laying  conduits,  etc.,  without  permit 

from  supervisors   220 

disturbed  b\'  telephone  company  to  be  restored 220 

conduits  in,  may  be  changed  to  meet  changes  in  sewers 220 

surface  of,  disturbed  by  telephone  company,  on  what  terms 220-221 

not  to  be  obstructed  by  hackney  carriages,  etc 229 

trucks,  drays,  etc.,  to  be  driven  at  moderate  pace 232 

trucks,  drays,  etc.,  to  be  driven  on  right  hand  side  of  streets 232 

STREETS   AND    SIDEWALKS 

committee  on,  of  whom  to  consist  and  how  chosen 106,  236 

member  of,  to  be  member  of  board  of  supervisors 134 

STREETS,    SUPERINTENDENT    OF 

election,  tenure  of  office,  vacancy 122 

removal  of 122 

duties  of 122,  123 

to  be  superintendent  of  sewers 189 

may  appoint  and  remove  assistants 122 

compensation  of 90,  122 

accounts  to  be  kept  and  filed  with  board  of  supervisors 123 

annual  report  of,  to  city  council 123 

to  approve  payment  of  employees 87 

duties  of,  as  to  steam  exhausted  into  sewers 193 

statements  of  proposed  street  work  to  be  filed  before  May  1,  with 195 

streets  dug  up,  to  be  repaired  to  satisfaction  of 190,  220 

authority  of,  as  to  removal  of  street  dirt  and  manure 201 

powers  and  duties  when  streets  are  disturbed  by  telephone  company 220 

assistant,    salary   of •. 91 

appointment,  compensation  and  removal 122 

SUPKKINTENDENT    QF    SEWKKS. 

superintendent  of  streets  to  be 189 

to  have  charge  of  sewers,  connections,  repairs 189 

to  make  contracts  for  sewers  and  keep  account  of  construction 189 

may  direct  change  of  pipes,  interfering  with  sewers 190 

to  notify,  and  obtain  grades  from  city  engineer 190 

to  construct  sewer  entrances  and  private  drains  in  streets 192 

to  inspect  buildings  where  steam  is  \ised • 193 

SUPERINTENDENT    OF    FIRE   AI^VRM. 

See  FiKE  Alarm  Telegraph,  Superintendent  of. 

SUPERINTENDENT   OF   PARKS.     See  Pabks,  Superintendent  of. 


330  INDEX. 

SUPERINTENDENT    OF    PUBLIC    BUILDINGS.  paob 

See  Public  Buildings,  Superintendent  of. 

SUPERINTENDENT  OF   SCHOOLS.     See  Schools,  Superintendent  of. 

SUPERINTENDENT  OF  STREETS.     See  Streets,  Superintendent  of. 

SUPERINTENDENT   OF   WATER   WORKS. 
See  Water  Works,  Superintendent  of. 

SUPERVISOR   OF   WIRES.     See  Wires,  Supervisor  of. 

SUPERVISORS    OF   HIGHWAYS    AND    BRIDGES. 

of  whom  to  consist,  powers  and  duties 134 

to  supervise  engineering  department 116 

to  approve  employment  of   assistants  and   purchase  of  materials  by 

city  engineer  116 

to  oversee  superintendent  of  streets 122 

to  allow  accounts  of  superintendent  of  streets 123 

to  oversee  city  forester 121 

to  order  work  done  on  street  watering  fixtures 170 

powers  as  to  construction  of  sidewalks 186 

may  license  use  of  streets }d5 

to  fix  time  for  repairing  streets  after  digging,  etc 196 

may  designate  times  and  places  for  fast  driving 197 

may  license  removal  of  buildings  through  streets 199 

licenses  for  metal  coverings  in  sidewalks 204 

duties  of,  in  ordering  constructions  to  prevent  snow  slides 206,  207 

report  of  expense  of  protection  against  snow  slides 207 

may  remove  snow  from  certain  roofs ;  expenses ;  report 207 

to  approve  construction  of  underground  wire  conduits  in  streets 219 

to  issue  permits  for  opening  streets  for  wire  conduits,  etc 220 

SURVEY 

of  lumber,  wood,  coal  and  bark,  may  be  regulated  by  ordinance 23 

of  unsafe  buildings : 166 

report  of,  of  unsafe  buildings,  to  be  served  on  owner 166 

SUSPENSION  OF  RULES.     See  Rules  and  Orders. 

SWIMMING 

indecent  exposure  of  person  forbidden 201 

SWINE 

not  to  be  kept  within  limits  prescribed  by  board  of  health 140 

See  Animals. 


T 

TACKS 

not  to  be  thrown  in  streets,  etc 197 

TAX   COLLECTOR.     See  Collector. of  Taxes. 

TAXES 

how  assessed  and  collected 20 

assessment  of,  to  be  completed  by  September  first Ill 

abatement  of,  how  made  and  reported Ill 

when  and  how  collected 99 

See  Collector  of  Taxes  and  Assessors. 

TEAMS 

used  for  sale  of  articles,  where  may  and  may  not  stand 198 

not  to  stand  in  streets  to  obstruct  them 199 

not  to  be  driven  on  sidewalk 199 


INDEX.  331 

TELEPHONE   COMPANY  pao« 

conduits  and  distributing  poles  for 219 

conduits:  changes  in;  removal  of;  time  for  construction 220 

not  to  disturb  street  railway  or  light  wires,  or  pipes  or  sewers 220 

to  make  changes  in  conduits,  manholes  or  poles  when  ordered  by  mayor 

and  aldermen 221 

to  give  bond  before  disturbing  surface  of  streets;  provisions  of  bond 221 

locations  of,  niaj-  be  revoked,  and  substitutes  granted 221 

TENEMENTS 

to  be  numbered 117 

TENURE   OF   OFFICE 

charter  provisions 15,  16 

not  affected  by  repeal  of  ordinance 226 

THEATERS.     See  PuBUc  Amusements. 

TILLERMEN.     See  Fire  Department. 

TIRES 

of  vehicles,  puncturing  of,  by  articles  in  streets 197 

TOLL   BRIDGE.     See  Bridges. 

TOWN   WAYS 

provisions  as  to  streets  to  apply  to 187 

TRANSPORTATION 

of  explosives   regulated 208 

TRAVEL 

upon  streets,  sidewalks,  crosswalks,  etc.,  not  to  be  obstructed 199 

TREASURER,    CITY 

CHARTER    AND    SPECIAL    STATUTES. 

charter  provisions  for  election  of 15 

charter  provisions  as  to  manner  of  election 16 

failure  to  choose  and  vacancy 20 

tenure  of  office 16 

salary 19,  34 

fines,  forfeitures  and  penalties  to  be  paid  to 24 

not  eligible  as  park  commissioner 57 

GENERAL    PROVISIONS. 

duties  of,  in  general 103 

salary  of 90 

books   of 88 

report  of 103 

duties  of,  as  to  accounts,  etc.,  due  the  city 88 

collector  to  pay  over  to,  moneys  collected,  when 103 

to  receive  certain  fees 178 

to  receive  penalties  for  violation  of  chap.  38,  sect.  2 207 

to  receive  fee  for  licenses  of  rag  pickers  and  junk  collectors 213 

not  to  pay  claims  unless  approved  by  auditor 86 

not  to  pay  money  without  written  order  from  mayor 86 

orders  upon  for  certain  payments,  within  appropriations 87 

approval  necessary  for  payment  of  city  employees 87 

to  pay  orders  of  board  on  claims,  for  less  than  $500 130 

not  to  pay  bills  of  fire  department  unless  approved  by  fire  commission. . . .  146 

payment  of  members  of  fire  department 150 

bills  of  police  department  to  be  approved  by  commission,  auditor  and 

mayor     174 

duties  of,  as  to  payment  of  mortgages  belonging  to  city 222 


332  INDEX. 

TREASURER,  CITY,  continued.  paqb 

collector  to  file  with,  monthly  stateinciit 88 

to  have  copy  of  all  written  contracts 98 

to  keep  accounts  as  directed  by  auditor 103 

custody  of  account  of  schoolhouse  agent 127 

notes  and  securities  to  be  inspected  by  finance  committee 107 

accounts,  etc.,  to  be  examined  quarterly  by  city  auditor 108 

to  make  statements  to  city  council  of  condition  of  treasury,  etc 103 

to  credit  fire  department  with  proceeds  of  sales 145 

duties  of,  as  to  water  bonds 202 

provisions  as  to  expenses  and  income  of  water  department 2G0 

to  furnish  emergency  fund  to  overseers  of  the  poor 104 

to  superintendent  of  schools 125 

to  fire  commissioners 140 

to  city  marshal 177 

TREE  BELT 

in  streets  constructed  on  private  lands,  how  arranged 184 

TREES 

in  streets,  not  to  have  electric  fixtures  attached;  penalty 121 

not  to  be  injured  without  permission  from  mayor  and  aldermen 200 

animals  not  to  be  fastened  to 200 

TRUANT   CHILDREN 

how  punished   . .  . . ! 129 

school    128! 

TRUCKS,   PRAYS,   etc. 

to  be  licensed,  and  carry  number 231 

rules  for  driving  and  stopping 232 

to  be  driven  at  moderate  pace . 232 

where  may  not  stand , 232 

persons  other  than  driver,  etc.,  not  to  solicit  merchandise 232 

u 

UNDERGROUND   CONDUITS.     See  Conduits. 
UNITED   STATES 

citizens  residing  on  grounds  of,  may  send  children  to  public  schools 

upon  payment  of  tuition 127 

Y 

VACANCIES 

in  elective  ofiices,  how  filled 102 

See  Title  of  Officer. 

VACCINATION 

by  city  physician 120 

VEHICLES 

for  hire,  to  stand  only  in  places  licensed 197 

passage  of,  in  streets,  not  to  be  obstructed 197 

used  for  selling  goods,  where  may  stand  in  streets 108 

use  of  in  certain  streets  regulated 202 

See  Hackney  Carriages,  Truck.s^  and  Dbats,  Express  Wagons,  Teams. 

VICTUALERS 

licenses  of   19 


INDEX.  333 

VINEGAR.    See  Milk  and  Vineoak.                                                                       paob 
VOTING  LIST  20 


w 

WAGON 

See  Truck,  Vehicles,  Express  Wagons. 

WARD 

clerk,  duties  of,  as  to  elections 25 

ofTicers,  vacancies,  how  filled 102 

WARDS 

division  into,  by  charter;  to  be  altered  once  in  five  years 14 

boundaries  defined 82-84 

members  of  common  council  apportioned  among 85 

each  to  have  member  of  school  committee 124 

candidates  for  school  committee,  from,  how  indicated  on  ballots 125 

WARRANTS 

for  meetings  of  citizens,  charter  provisions 15 

for  new  election,  when  and  by  whom  issued 18 

for  election  of  representatives  to  General  Court 25 

for  new  election,  in  case  of  failure  to  elect  mayor  or  aldermen 102 

for  elections  to  fill  vacancies  in  city  offices 102 

for  city  meetings ;  form ;  service  and  return 223 

WASTE 

collectors  of,  to  be  licensed,  provisions 213 

paper,  to  be  stored  in  fire  district  only  in  brick  or  stone  buildings 214 

WATER 

used  by  contractors  on  city  contracts;  how  paid  for 170 

used  on  leased  property  of  eity,  how  paid  for 170 

used  for  municipal  purposes  not  to  be  paid  for 171 

impure,  not  to  be  allowed  to  run  into  streets 201 

from  eaves,  etc.,  not  to  be  discharged  upon  streets  or  sidewalks 203 

bonds.     See  Bonds. 

courses,  may  be  taken  for  sewers  and  drains 132 

WATER    DEPARTMENT 

BOARD    OF    WATKR    COMMISSIONERS. 

election,  powers,  etc.,  of,  under  act  of  1872,  ch.  345 261 

former  board  abolished 64 

members,  how  chosen 54 

powers  and  duties  of ;  to  be  elected  by  ballot 54 

vacancies  in,  how  filled 54,  265 

city  engineer  to  be  clerk,  ex  officio  (repealed) 55 

to  elect  a  clerk 04 

member  of  city  council  not  eligible 54 

to  serve  without  compensation 92 

may  make  rules  and  regulations 170 

chairman  of,  to  sign  list  of  water  bills  abated,  annually 109 

salary  of  chairman 92 

to  elect  officers  of  water  department  by  viva  voce  vote 168 

report  of  to  city  council,  to  be  printed  in  register 55 

may  have  services  of  city  engineer 116 

powers  and  duties  as  to  collection  of  water  bills 169 

may  shut  off  water,  in  case  of  violation  of  rules 170 


334  INDEX. 

WATER  DEPARTMENT,  continued.  paob 

duties  of,  as  to  lands  taken 260 

powers  of,  as  to  fishing  and  boating  in  reservoirs 268 

amount  annually  expended  for  new  mains,  how  determined 269 

may  take  additional   water   supply 270 

GKNEKAL    PROVISIONS. 

general  provisions    108-17 1 

officers  of,  appointment  and  duties 108 

not  to  collect  water  bills,  etc 170 

accounts,  etc.,  to  be  kept  by  registrar 168 

rules,  how  made,  published,  and  enforced 170 

accounts  of,  to  be  examined  quarterly  by  city  auditor 108 

accounts  to  be  audited  by  city  auditor 55 

receipts  of,  how  collected  and  accounted  for 55 

bills  due  city,  not  to  be  filed  with  auditor 88- 

bills  of,  not  to  be  examined  by  auditor 108 

how  approved  and  paid 206 

to  have  charge  of  street  watering  fixtures 170 

water  used  on  city  contracts  to  be  paid  for 170 

to  charge  for  water  used  on  city  property,  leased  to  private  parties 171 

city  not  to  be  charged  for  water  used  for  municipal  purposes 171 

to  be  credited  with  water  furnished  the  city 171 

water  bills,  collection  of,  may  be  regulated  by  ordinance 55 

duties  of  registrar  and  collector  of  taxes 168,  169 

abated  or  changed 169 

unpaid,  treatment  of 169 

not  to  be  collected  by  any  officer  of  water  department 170 

how  fixed  262 

who  liable  for 263 

WATER  PIPES 

on  city  property 170 

not  to  obstruct  sewers 190 

not  to  be  disturbed  by  telephone  company 220 

WATER   REGISTRAR 

election,  tenure  of  office,  vacancy,  salary,  duties 168 

duties  of,  as  to  abated  water  bills 169 

to  receive  applications  for  extension  of  service  on  city  property 170 

WATER   SUPPLY 

statutes  as  to 260-276 

lands  taken  for,  description  to  be  recorded 260,  271 

additional  sources  of 264,  266,  270 

may  be  furnished  to  Chicopee 265 

water  fund  bonds 267 

additional  bonds 268 

penalty,  etc.,  for  diversion  of  water  and  injuries  to 263 

purity  of   268 

to  be  furnished  to  Ludlow 270 

WATER  TAKERS 

to  have  copy  of  rules  of  water  department 170 

WATER    WORKS,    SUPERINTENDENT    OF 

election,  tenure  of  oflSce,  vacancy,  salary 168 

duties  of 169 

WEST   SPRINGFIELD.     See  Bridges. 


INDEX.  336 

WHEELBARROWS 

not  allowed  upon  sidewalks . . .' 199 

WINDOWS 

washing  of,  on  sidewalks,  regulated 203 

WIRES 

removal  from  streets,  within  certain  district 73 

not  to  be  hereafter  erected  in  streets  in  certain  district 74 

removal  of  from  streets,  how  enforced 75 

removal  of,  persons  aggrieved  may  appeal 75 

not  to  be  attached  to  trees ;  penalty 121 

electric  fixtures  not  to  be  attached  to  trees;  penalty 121 

cost  of  removal  from  trees,  to  be  charged  to  owner 121 

electric,  entering  buildings  in  fire  district  to  have  outside  switches 161 

electric  light,  not  to  be  disturbed  by  telephone  company 220 

telephone,  etc.,  may  be  underground .' 219 

inspector  of,  salary  of 91 

supervisor  of,  designated  under  act  1900,  ch.  276 105 

superintendent  of  fire  alarm,  designated  as 151 

to  remove  electric  fixtures  from  trees,  when 121 

See  Telephoxe. 


YEAR 

fiscal  to  end  Dec.   10 103 


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